This is an archive copy of wikilivres.ca as of 18 February 2017 (from the WikiTeam dump). The original site is closed.
The Hacker Crackdown: Difference between revisions
imported>Yann |
imported>Yann |
||
| Line 205: | Line 205: | ||
== Part Three: Law and Order == | == Part Three: Law and Order == | ||
Revision as of 20:58, 27 May 2007
Catégorie:English The Hacker Crackdown by Bruce Sterling
Preface to the Electronic Release of The Hacker Crackdown
Out in the traditional world of print, The Hacker Crackdown is ISBN 0-553-08058-X, and is formally catalogued by the Library of Congress as "1. Computer crimes -- United States. 2. Telephone -- United States -- Corrupt practices. 3. Programming (Electronic computers) -- United States -- Corrupt practices." `Corrupt practices,' I always get a kick out of that description. Librarians are very ingenious people. The paperback is ISBN 0-553-56370-X. If you go and buy a print version of The Hacker Crackdown, an action I encourage heartily, you may notice that in the front of the book, beneath the copyright notice -- "Copyright (C) 1992 by Bruce Sterling" -- it has this little block of printed legal boilerplate from the publisher. It says, and I quote: No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. For information address: Bantam Books. This is a pretty good disclaimer, as such disclaimers go. I collect intellectual-property disclaimers, and I've seen dozens of them, and this one is at least pretty straightforward. In this narrow and particular case, however, it isn't quite accurate. Bantam Books puts that disclaimer on every book they publish, but Bantam Books does not, in fact, own the electronic rights to this book. I do, because of certain extensive contract maneuverings my agent and I went through before this book was written. I want to give those electronic publishing rights away through certain not- for-profit channels, and I've convinced Bantam that this is a good idea. Since Bantam has seen fit to peacably agree to this scheme of mine, Bantam Books is not going to fuss about this. Provided you don't try to sell the book, they are not going to bother you for what you do with the electronic copy of this book. If you want to check this out personally, you can ask them; they're at 1540 Broadway NY NY 10036. However, if you were so foolish as to print this book and start retailing it for money in violation of my copyright and the commercial interests of Bantam Books, then Bantam, a part of the gigantic Bertelsmann multinational publishing combine, would roust some of their heavy-duty attorneys out of hibernation and crush you like a bug. This is only to be expected. I didn't write this book so that you could make money out of it. If anybody is gonna make money out of this book, it's gonna be me and my publisher. My publisher deserves to make money out of this book. Not only did the folks at Bantam Books commission me to write the book, and pay me a hefty sum to do so, but they bravely printed, in text, an electronic document the reproduction of which was once alleged to be a federal felony. Bantam Books and their numerous attorneys were very brave and forthright about this book. Furthermore, my former editor at Bantam Books, Betsy Mitchell, genuinely cared about this project, and worked hard on it, and had a lot of wise things to say about the manuscript. Betsy deserves genuine credit for this book, credit that editors too rarely get. The critics were very kind to The Hacker Crackdown, and commercially the book has done well. On the other hand, I didn't write this book in order to squeeze every last nickel and dime out of the mitts of impoverished sixteen-year-old cyberpunk high-school-students. Teenagers don't have any money -- (no, not even enough for the sixdollar Hacker Crackdown paperback, with its attractive bright-red cover and useful index). That's a major reason why teenagers sometimes succumb to the temptation to do things they shouldn't, such as swiping my books out of libraries. Kids: this one is all yours, all right? Go give the print version back. *8-) Well-meaning, public-spirited civil libertarians don't have much money, either. And it seems almost criminal to snatch cash out of the hands of America's direly underpaid electronic law enforcement community. If you're a computer cop, a hacker, or an electronic civil liberties activist, you are the target audience for this book. I wrote this book because I wanted to help you, and help other people understand you and your unique, uhm, problems. I wrote this book to aid your activities, and to contribute to the public discussion of important political issues. In giving the text away in this fashion, I am directly contributing to the book's ultimate aim: to help civilize cyberspace. Information wants to be free. And the information inside this book longs for freedom with a peculiar intensity. I genuinely believe that the natural habitat of this book is inside an electronic network. That may not be the easiest direct method to generate revenue for the book's author, but that doesn't matter; this is where this book belongs by its nature. I've written other books -- plenty of other books -- and I'll write more and I am writing more, but this one is special. I am making The Hacker Crackdown available electronically as widely as I can conveniently manage, and if you like the book, and think it is useful, then I urge you to do the same with it. You can copy this electronic book. Copy the heck out of it, be my guest, and give those copies to anybody who wants them. The nascent world of cyberspace is full of sysadmins, teachers, trainers, cybrarians, netgurus, and various species of cybernetic activist. If you're one of those people, I know about you, and I know the hassle you go through to try to help people learn about the electronic frontier. I hope that possessing this book in electronic form will lessen your troubles. Granted, this treatment of our electronic social spectrum is not the ultimate in academic rigor. And politically, it has something to offend and trouble almost everyone. But hey, I'm told it's readable, and at least the price is right. You can upload the book onto bulletin board systems, or Internet nodes, or electronic discussion groups. Go right ahead and do that, I am giving you express permission right now. Enjoy yourself. You can put the book on disks and give the disks away, as long as you don't take any money for it. But this book is not public domain. You can't copyright it in your own name. I own the copyright. Attempts to pirate this book and make money from selling it may involve you in a serious litigative snarl. Believe me, for the pittance you might wring out of such an action, it's really not worth it. This book don't "belong" to you. In an odd but very genuine way, I feel it doesn't "belong" to me, either. It's a book about the people of cyberspace, and distributing it in this way is the best way I know to actually make this information available, freely and easily, to all the people of cyberspace -- including people far outside the borders of the United States, who otherwise may never have a chance to see any edition of the book, and who may perhaps learn something useful from this strange story of distant, obscure, but portentous events in so-called "American cyberspace." This electronic book is now literary freeware. It now belongs to the emergent realm of alternative information economics. You have no right to make this electronic book part of the conventional flow of commerce. Let it be part of the flow of knowledge: there's a difference. I've divided the book into four sections, so that it is less ungainly for upload and download; if there's a section of particular relevance to you and your colleagues, feel free to reproduce that one and skip the rest. Just make more when you need them, and give them to whoever might want them. Now have fun.
Chronology of the Hacker Crackdown
1865
U.S. Secret Service (USSS) founded.
1876
Alexander Graham Bell invents telephone.
1878
First teenage males flung off phone system by enraged authorities.
1939
"Futurian" science-fiction group raided by Secret Service.
1971
Yippie phone phreaks start YIPL/TAP magazine.
1972
Ramparts magazine seized in blue-box rip-off scandal.
1978
Ward Christenson and Randy Suess create first personal computer bulletin board system.
1982
William Gibson coins term "cyberspace." "414 Gang" raided.
1983
AT&T dismantled in divestiture.
1984
Congress passes Comprehensive Crime Control Act giving USSS jurisdiction over credit card fraud and computer fraud.
"Legion of Doom" formed.
2600: The Hacker Quarterly founded.
Whole Earth Software Catalog published.
1985
First police "sting" bulletin board systems established.
Whole Earth 'Lectronic Link computer conference (WELL) goes on-line.
1986
Computer Fraud and Abuse Act passed.
Electronic Communications Privacy Act passed.
1987
Chicago prosecutors form Computer Fraud and Abuse Task Force.
1988
July. Secret Service covertly videotapes "SummerCon" hacker convention.
September. "Prophet" cracks BellSouth AIMSX computer network and downloads E911 Document to his own computer and to Jolnet.
September. AT&T Corporate Information Security informed of Prophet's action.
October. Bellcore Security informed of Prophet's action.
1989
January. Prophet uploads E911 Document to Knight Lightning.
February 25. Knight Lightning publishes E911 Document in Phrack electronic newsletter.
May. Chicago Task Force raids and arrests "Kyrie."
June. "NuPrometheus League" distributes Apple Computer proprietary software.
June 13. Florida probation office crossed with phone-sex line in switching-station stunt.
July. "Fry Guy" raided by USSS and Chicago Computer Fraud and Abuse Task Force.
Secret Service raids "Prophet," "Leftist," and "Urvile" in Georgia.
1990
January.
15. Martin Luther King Day Crash strikes AT&T long-distance network nationwide. January 18-19 Chicago Task Force raids Knight Lightning in St. Louis. January
24. USSS and New York State Police raid "Phiber Optik," "Acid Phreak," and "Scorpion" in New York City. February
1. USSS raids "Terminus" in Maryland. February
3. Chicago Task Force raids Richard Andrews' home. February
6. Chicago Task Force raids Richard Andrews' business. February
6. USSS arrests Terminus, Prophet, Leftist, and Urvile. February
9. Chicago Task Force arrests Knight Lightning.
February 20. AT&T Security shuts down public-access "attctc" computer in Dallas.
February 21. Chicago Task Force raids Robert Izenberg in Austin. March 1. Chicago Task Force raids Steve Jackson Games, Inc., "Mentor," and "Erik Bloodaxe" in Austin.
May 7,8,9. USSS and Arizona Organized Crime and Racketeering Bureau conduct "Operation Sundevil" raids in Cincinnatti, Detroit, Los Angeles, Miami, Newark, Phoenix, Pittsburgh, Richmond, Tucson, San Diego, San Jose, and San Francisco.
May. FBI interviews John Perry Barlow re NuPrometheus case.
June. Mitch Kapor and Barlow found Electronic Frontier Foundation; Barlow publishes Crime and Puzzlement manifesto.
July 24-27. Trial of Knight Lightning.
1991
February. CPSR Roundtable in Washington, D.C.
March 25-28. Computers, Freedom and Privacy conference in San Francisco.
May 1. Electronic Frontier Foundation, Steve Jackson, and others file suit against members of Chicago Task Force.
July 1-2. Switching station phone software crash affects Washington, Los Angeles, Pittsburgh, San Francisco.
September 17. AT&T phone crash affects New York City and three airports.
Introduction
This is a book about cops, and wild teenage whiz-kids, and lawyers, and hairy-eyed anarchists, and industrial technicians, and hippies, and high-tech millionaires, and game hobbyists, and computer security experts, and Secret Service agents, and grifters, and thieves. This book is about the electronic frontier of the 1990s. It concerns activities that take place inside computers and over telephone lines.
A science fiction writer coined the useful term "cyberspace" in 1982. But the territory in question, the electronic frontier, is about a hundred and thirty years old. Cyberspace is the "place" where a telephone conversation appears to occur. Not inside your actual phone, the plastic device on your desk. Not inside the other person's phone, in some other city. The place between the phones. The indefinite place out there, where the two of you, two human beings, actually meet and communicate.
Although it is not exactly "real," "cyberspace" is a genuine place. Things happen there that have very genuine consequences. This "place" is not "real," but it is serious, it is earnest. Tens of thousands of people have dedicated their lives to it, to the public service of public communication by wire and electronics.
People have worked on this "frontier" for generations now. Some people became rich and famous from their efforts there. Some just played in it, as hobbyists. Others soberly pondered it, and wrote about it, and regulated it, and negotiated over it in international forums, and sued one another about it, in gigantic, epic court battles that lasted for years. And almost since the beginning, some people have committed crimes in this place.
But in the past twenty years, this electrical "space," which was once thin and dark and one-dimensional -- little more than a narrow speaking-tube, stretching from phone to phone -- has flung itself open like a gigantic jack-inthe- box. Light has flooded upon it, the eerie light of the glowing computer screen. This dark electric netherworld has become a vast flowering electronic landscape. Since the 1960s, the world of the telephone has cross-bred itself with computers and television, and though there is still no substance to cyberspace, nothing you can handle, it has a strange kind of physicality now. It makes good sense today to talk of cyberspace as a place all its own.
Because people live in it now. Not just a few people, not just a few technicians and eccentrics, but thousands of people, quite normal people. And not just for a little while, either, but for hours straight, over weeks, and months, and years. Cyberspace today is a "Net," a "Matrix," international in scope and growing swiftly and steadily. It's growing in size, and wealth, and political importance.
People are making entire careers in modern cyberspace. Scientists and technicians, of course; they've been there for twenty years now. But increasingly, cyberspace is filling with journalists and doctors and lawyers and artists and clerks. Civil servants make their careers there now, "on- line" in vast government databanks; and so do spies, industrial, political, and just plain snoops; and so do police, at least a few of them. And there are children living there now.
People have met there and been married there. There are entire living communities in cyberspace today; chattering, gossipping, planning, conferring and scheming, leaving one another voice-mail and electronic mail, giving one another big weightless chunks of valuable data, both legitimate and illegitimate. They busily pass one another computer software and the occasional festering computer virus.
We do not really understand how to live in cyberspace yet. We are feeling our way into it, blundering about. That is not surprising. Our lives in the physical world, the "real" world, are also far from perfect, despite a lot more practice. Human lives, real lives, are imperfect by their nature, and there are human beings in cyberspace. The way we live in cyberspace is a funhouse mirror of the way we live in the real world. We take both our advantages and our troubles with us.
This book is about trouble in cyberspace. Specifically, this book is about certain strange events in the year 1990, an unprecedented and startling year for the the growing world of computerized communications.
In 1990 there came a nationwide crackdown on illicit computer hackers, with arrests, criminal charges, one dramatic show-trial, several guilty pleas, and huge confiscations of data and equipment all over the USA.
The Hacker Crackdown of 1990 was larger, better organized, more deliberate, and more resolute than any previous effort in the brave new world of computer crime. The U.S. Secret Service, private telephone security, and state and local law enforcement groups across the country all joined forces in a determined attempt to break the back of America's electronic underground. It was a fascinating effort, with very mixed results.
The Hacker Crackdown had another unprecedented effect; it spurred the creation, within "the computer community," of the Electronic Frontier Foundation, a new and very odd interest group, fiercely dedicated to the establishment and preservation of electronic civil liberties. The crackdown, remarkable in itself, has created a melee of debate over electronic crime, punishment, freedom of the press, and issues of search and seizure. Politics has entered cyberspace. Where people go, politics follow. This is the story of the people of cyberspace.
Part Three: Law and Order
Of the various anti-hacker activities of 1990, "Operation Sundevil" had by far the highest public profile. The sweeping, nationwide computer seizures of May 8, 1990 were unprecedented in scope and highly, if rather selectively, publicized.
Unlike the efforts of the Chicago Computer Fraud and Abuse Task Force, "Operation Sundevil" was not intended to combat "hacking" in the sense of computer intrusion or sophisticated raids on telco switching stations. Nor did it have anything to do with hacker misdeeds with AT&T's software, or with Southern Bell's proprietary documents.
Instead, "Operation Sundevil" was a crackdown on those traditional scourges of the digital underground: credit-card theft and telephone code abuse. The ambitious activities out of Chicago, and the somewhat lesser-known but vigorous antihacker actions of the New York State Police in 1990, were never a part of "Operation Sundevil" per se, which was based in Arizona.
Nevertheless, after the spectacular May 8 raids, the public, misled by police secrecy, hacker panic, and a puzzled national press-corps, conflated all aspects of the nationwide crackdown in 1990 under the blanket term "Operation Sundevil." "Sundevil" is still the best-known synonym for the crackdown of 1990. But the Arizona organizers of "Sundevil" did not really deserve this reputation -- any more, for instance, than all hackers deserve a reputation as "hackers."
There was some justice in this confused perception, though. For one thing, the confusion was abetted by the Washington office of the Secret Service, who responded to Freedom of Information Act requests on "Operation Sundevil" by referring investigators to the publicly known cases of Knight Lightning and the Atlanta Three. And "Sundevil" was certainly the largest aspect of the Crackdown, the most deliberate and the best-organized. As a crackdown on electronic fraud, "Sundevil" lacked the frantic pace of the war on the Legion of Doom; on the contrary, Sundevil's targets were picked out with cool deliberation over an elaborate investigation lasting two full years.
And once again the targets were bulletin board systems.
Boards can be powerful aids to organized fraud. Underground boards carry lively, extensive, detailed, and often quite flagrant "discussions" of lawbreaking techniques and lawbreaking activities. "Discussing" crime in the abstract, or "discussing" the particulars of criminal cases, is not illegal -- but there are stern state and federal laws against coldbloodedly conspiring in groups in order to commit crimes.
In the eyes of police, people who actively conspire to break the law are not regarded as "clubs," "debating salons," "users' groups," or "free speech advocates." Rather, such people tend to find themselves formally indicted by prosecutors as "gangs," "racketeers," "corrupt organizations" and "organized crime figures."
What's more, the illicit data contained on outlaw boards goes well beyond mere acts of speech and/or possible criminal conspiracy. As we have seen, it was common practice in the digital underground to post purloined telephone codes on boards, for any phreak or hacker who cared to abuse them. Is posting digital booty of this sort supposed to be protected by the First Amendment? Hardly -though the issue, like most issues in cyberspace, is not entirely resolved. Some theorists argue that to merely recite a number publicly is not illegal - only its use is illegal. But anti-hacker police point out that magazines and newspapers (more traditional forms of free expression) never publish stolen telephone codes (even though this might well raise their circulation).
Stolen credit card numbers, being riskier and more valuable, were less often publicly posted on boards -- but there is no question that some underground boards carried "carding" traffic, generally exchanged through private mail.
Underground boards also carried handy programs for "scanning" telephone codes and raiding credit card companies, as well as the usual obnoxious galaxy of pirated software, cracked passwords, blue-box schematics, intrusion manuals, anarchy files, porn files, and so forth.
But besides their nuisance potential for the spread of illicit knowledge, bulletin boards have another vitally interesting aspect for the professional investigator. Bulletin boards are cram-full of evidence. All that busy trading of electronic mail, all those hacker boasts, brags and struts, even the stolen codes and cards, can be neat, electronic, realtime recordings of criminal activity. As an investigator, when you seize a pirate board, you have scored a coup as effective as tapping phones or intercepting mail. However, you have not actually tapped a phone or intercepted a letter. The rules of evidence regarding phone-taps and mail interceptions are old, stern and wellunderstood by police, prosecutors and defense attorneys alike. The rules of evidence regarding boards are new, waffling, and understood by nobody at all.
Sundevil was the largest crackdown on boards in world history. On May 7, 8, and 9, 1990, about fortytwo computer systems were seized. Of those forty- two computers, about twenty-five actually were running boards. (The vagueness of this estimate is attributable to the vagueness of (a) what a "computer system" is, and (b) what it actually means to "run a board" with one -- or with two computers, or with three.)
About twenty-five boards vanished into police custody in May 1990. As we have seen, there are an estimated 30,000 boards in America today. If we assume that one board in a hundred is up to no good with codes and cards (which rather flatters the honesty of the board-using community), then that would leave 2,975 outlaw boards untouched by Sundevil. Sundevil seized about one tenth of one percent of all computer bulletin boards in America. Seen objectively, this is something less than a comprehensive assault. In 1990, Sundevil's organizers -- the team at the Phoenix Secret Service office, and the Arizona Attorney General's office -had a list of at least three hundred boards that they considered fully deserving of search and seizure warrants. The twenty- five boards actually seized were merely among the most obvious and egregious of this much larger list of candidates. All these boards had been examined beforehand -- either by informants, who had passed printouts to the Secret Service, or by Secret Service agents themselves, who not only come equipped with modems but know how to use them.
There were a number of motives for Sundevil. First, it offered a chance to get ahead of the curve on wire-fraud crimes. Tracking back credit-card ripoffs to their perpetrators can be appallingly difficult. If these miscreants have any kind of electronic sophistication, they can snarl their tracks through the phone network into a mind-boggling, untraceable mess, while still managing to "reach out and rob someone." Boards, however, full of brags and boasts, codes and cards, offer evidence in the handy congealed form.
Seizures themselves -- the mere physical removal of machines -- tends to take the pressure off. During Sundevil, a large number of code kids, warez d00dz, and credit card thieves would be deprived of those boards -- their means of community and conspiracy -- in one swift blow. As for the sysops themselves (commonly among the boldest offenders) they would be directly stripped of their computer equipment, and rendered digitally mute and blind.
And this aspect of Sundevil was carried out with great success. Sundevil seems to have been a complete tactical surprise -- unlike the fragmentary and continuing seizures of the war on the Legion of Doom, Sundevil was precisely timed and utterly overwhelming. At least forty "computers" were seized during May 7, 8 and 9, 1990, in Cincinnati, Detroit, Los Angeles, Miami, Newark, Phoenix, Tucson, Richmond, San Diego, San Jose, Pittsburgh and San Francisco. Some cities saw multiple raids, such as the five separate raids in the New York City environs. Plano, Texas (essentially a suburb of the Dallas/Fort Worth metroplex, and a hub of the telecommunications industry) saw four computer seizures. Chicago, ever in the forefront, saw its own local Sundevil raid, briskly carried out by Secret Service agents Timothy Foley and Barbara Golden.
Many of these raids occurred, not in the cities proper, but in associated white-middle class suburbs -- places like Mount Lebanon, Pennsylvania and Clark Lake, Michigan. There were a few raids on offices; most took place in people's homes, the classic hacker basements and bedrooms.
The Sundevil raids were searches and seizures, not a group of mass arrests. There were only four arrests during Sundevil. "Tony the Trashman," a longtime teenage bete noire of the Arizona Racketeering unit, was arrested in Tucson on May 9. "Dr. Ripco," sysop of an outlaw board with the misfortune to exist in Chicago itself, was also arrested -- on illegal weapons charges. Local units also arrested a 19-year-old female phone phreak named "Electra" in Pennsylvania, and a male juvenile in California. Federal agents however were not seeking arrests, but computers.
Hackers are generally not indicted (if at all) until the evidence in their seized computers is evaluated -- a process that can take weeks, months -even years. When hackers are arrested on the spot, it's generally an arrest for other reasons. Drugs and/or illegal weapons show up in a good third of anti-hacker computer seizures (though not during Sundevil). That scofflaw teenage hackers (or their parents) should have marijuana in their homes is probably not a shocking revelation, but the surprisingly common presence of illegal firearms in hacker dens is a bit disquieting. A Personal Computer can be a great equalizer for the techno-cowboy -- much like that more traditional American "Great Equalizer," the Personal Sixgun. Maybe it's not all that surprising that some guy obsessed with power through illicit technology would also have a few illicit high-velocity-impact devices around. An element of the digital underground particularly dotes on those "anarchy philes," and this element tends to shade into the crackpot milieu of survivalists, gun-nuts, anarcho-leftists and the ultra- libertarian right-wing.
This is not to say that hacker raids to date have uncovered any major crack-dens or illegal arsenals; but Secret Service agents do not regard "hackers" as "just kids." They regard hackers as unpredictable people, bright and slippery. It doesn't help matters that the hacker himself has been "hiding behind his keyboard" all this time. Commonly, police have no idea what he looks like. This makes him an unknown quantity, someone best treated with proper caution.
To date, no hacker has come out shooting, though they do sometimes brag on boards that they will do just that. Threats of this sort are taken seriously. Secret Service hacker raids tend to be swift, comprehensive, well-manned (even overmanned); and agents generally burst through every door in the home at once, sometimes with drawn guns. Any potential resistance is swiftly quelled. Hacker raids are usually raids on people's homes. It can be a very dangerous business to raid an American home; people can panic when strangers invade their sanctum. Statistically speaking, the most dangerous thing a policeman can do is to enter someone's home. (The second most dangerous thing is to stop a car in traffic.) People have guns in their homes. More cops are hurt in homes than are ever hurt in biker bars or massage parlors.
But in any case, no one was hurt during Sundevil, or indeed during any part of the Hacker Crackdown.
Nor were there any allegations of any physical mistreatment of a suspect. Guns were pointed, interrogations were sharp and prolonged; but no one in 1990 claimed any act of brutality by any crackdown raider.
In addition to the forty or so computers, Sundevil reaped floppy disks in particularly great abundance -- an estimated 23,000 of them, which naturally included every manner of illegitimate data: pirated games, stolen codes, hot credit card numbers, the complete text and software of entire pirate bulletin- boards. These floppy disks, which remain in police custody today, offer a gigantic, almost embarrassingly rich source of possible criminal indictments. These 23,000 floppy disks also include a thus-far unknown quantity of legitimate computer games, legitimate software, purportedly "private" mail from boards, business records, and personal correspondence of all kinds.
Standard computer-crime search warrants lay great emphasis on seizing written documents as well as computers -- specifically including photocopies, computer printouts, telephone bills, address books, logs, notes, memoranda and correspondence. In practice, this has meant that diaries, gaming magazines, software documentation, nonfiction books on hacking and computer security, sometimes even science fiction novels, have all vanished out the door in police custody. A wide variety of electronic items have been known to vanish as well, including telephones, televisions, answering machines, Sony Walkmans, desktop printers, compact disks, and audiotapes.
No fewer than 150 members of the Secret Service were sent into the field during Sundevil. They were commonly accompanied by squads of local and/or state police. Most of these officers -especially the locals -- had never been on an antihacker raid before. (This was one good reason, in fact, why so many of them were invited along in the first place.) Also, the presence of a uniformed police officer assures the raidees that the people entering their homes are, in fact, police. Secret Service agents wear plain clothes. So do the telco security experts who commonly accompany the Secret Service on raids (and who make no particular effort to identify themselves as mere employees of telephone companies).
A typical hacker raid goes something like this. First, police storm in rapidly, through every entrance, with overwhelming force, in the assumption that this tactic will keep casualties to a minimum. Second, possible suspects are immediately removed from the vicinity of any and all computer systems, so that they will have no chance to purge or destroy computer evidence. Suspects are herded into a room without computers, commonly the living room, and kept under guard -not armed guard, for the guns are swiftly holstered, but under guard nevertheless. They are presented with the search warrant and warned that anything they say may be held against them. Commonly they have a great deal to say, especially if they are unsuspecting parents.
Somewhere in the house is the "hot spot" -- a computer tied to a phone line (possibly several computers and several phones). Commonly it's a teenager's bedroom, but it can be anywhere in the house; there may be several such rooms. This "hot spot" is put in charge of a two-agent team, the "finder" and the "recorder." The "finder" is computer-trained, commonly the case agent who has actually obtained the search warrant from a judge. He or she understands what is being sought, and actually carries out the seizures: unplugs machines, opens drawers, desks, files, floppy-disk containers, etc. The "recorder" photographs all the equipment, just as it stands -- especially the tangle of wired connections in the back, which can otherwise be a real nightmare to restore. The recorder will also commonly photograph every room in the house, lest some wily criminal claim that the police had robbed him during the search. Some recorders carry videocams or tape recorders; however, it's more common for the recorder to simply take written notes. Objects are described and numbered as the finder seizes them, generally on standard preprinted police inventory forms.
Even Secret Service agents were not, and are not, expert computer users. They have not made, and do not make, judgements on the fly about potential threats posed by various forms of equipment. They may exercise discretion; they may leave Dad his computer, for instance, but they don't have to. Standard computer-crime search warrants, which date back to the early 80s, use a sweeping language that targets computers, most anything attached to a computer, most anything used to operate a computer -- most anything that remotely resembles a computer -- plus most any and all written documents surrounding it. Computer-crime investigators have strongly urged agents to seize the works.
In this sense, Operation Sundevil appears to have been a complete success. Boards went down all over America, and were shipped en masse to the computer investigation lab of the Secret Service, in Washington DC, along with the 23,000 floppy disks and unknown quantities of printed material.
But the seizure of twenty-five boards, and the multi-megabyte mountains of possibly useful evidence contained in these boards (and in their owners' other computers, also out the door), were far from the only motives for Operation Sundevil. An unprecedented action of great ambition and size, Sundevil's motives can only be described as political. It was a public-relations effort, meant to pass certain messages, meant to make certain situations clear: both in the mind of the general public, and in the minds of various constituencies of the electronic community.
First -- and this motivation was vital -- a "message" would be sent from law enforcement to the digital underground. This very message was recited in so many words by Garry M. Jenkins, the Assistant Director of the US Secret Service, at the Sundevil press conference in Phoenix on May 9, 1990, immediately after the raids. In brief, hackers were mistaken in their foolish belief that they could hide behind the "relative anonymity of their computer terminals." On the contrary, they should fully understand that state and federal cops were actively patrolling the beat in cyberspace -- that they were on the watch everywhere, even in those sleazy and secretive dens of cybernetic vice, the underground boards.
This is not an unusual message for police to publicly convey to crooks. The message is a standard message; only the context is new. In this respect, the Sundevil raids were the digital equivalent of the standard vice-squad crackdown on massage parlors, porno bookstores, head-shops, or floating crap-games. There may be few or no arrests in a raid of this sort; no convictions, no trials, no interrogations. In cases of this sort, police may well walk out the door with many pounds of sleazy magazines, X-rated videotapes, sex toys, gambling equipment, baggies of marijuana....
Of course, if something truly horrendous is discovered by the raiders, there will be arrests and prosecutions. Far more likely, however, there will simply be a brief but sharp disruption of the closed and secretive world of the nogoodniks. There will be "street hassle." "Heat." "Deterrence." And, of course, the immediate loss of the seized goods. It is very unlikely that any of this seized material will ever be returned. Whether charged or not, whether convicted or not, the perpetrators will almost surely lack the nerve ever to ask for this stuff to be given back.
Arrests and trials -- putting people in jail -- may involve all kinds of formal legalities; but dealing with the justice system is far from the only task of police. Police do not simply arrest people. They don't simply put people in jail. That is not how the police perceive their jobs. Police "protect and serve." Police "keep the peace," they "keep public order." Like other forms of public relations, keeping public order is not an exact science. Keeping public order is something of an art-form.
If a group of tough-looking teenage hoodlums was loitering on a street- corner, no one would be surprised to see a street-cop arrive and sternly order them to "break it up." On the contrary, the surprise would come if one of these ne'er-do-wells stepped briskly into a phone-booth, called a civil rights lawyer, and instituted a civil suit in defense of his Constitutional rights of free speech and free assembly. But something much along this line was one of the many anomolous outcomes of the Hacker Crackdown.
Sundevil also carried useful "messages" for other constituents of the electronic community. These messages may not have been read aloud from the Phoenix podium in front of the press corps, but there was little mistaking their meaning. There was a message of reassurance for the primary victims of coding and carding: the telcos, and the credit companies. Sundevil was greeted with joy by the security officers of the electronic business community. After years of high-tech harassment and spiralling revenue losses, their complaints of rampant outlawry were being taken seriously by law enforcement. No more head- scratching or dismissive shrugs; no more feeble excuses about "lack of computer-trained officers" or the low priority of "victimless" white-collar telecommunication crimes.
Computer-crime experts have long believed that computer-related offenses are drastically under-reported. They regard this as a major open scandal of their field. Some victims are reluctant to come forth, because they believe that police and prosecutors are not computer-literate, and can and will do nothing. Others are embarrassed by their vulnerabilities, and will take strong measures to avoid any publicity; this is especially true of banks, who fear a loss of investor confidence should an embezzlement-case or wire-fraud surface. And some victims are so helplessly confused by their own high technology that they never even realize that a crime has occurred -- even when they have been fleeced to the bone.
The results of this situation can be dire. Criminals escape apprehension and punishment. The computer-crime units that do exist, can't get work. The true scope of computer-crime: its size, its real nature, the scope of its threats, and the legal remedies for it -- all remain obscured. Another problem is very little publicized, but it is a cause of genuine concern. Where there is persistent crime, but no effective police protection, then vigilantism can result. Telcos, banks, credit companies, the major corporations who maintain extensive computer networks vulnerable to hacking -- these organizations are powerful, wealthy, and politically influential. They are disinclined to be pushed around by crooks (or by most anyone else, for that matter). They often maintain well- organized private security forces, commonly run by experienced veterans of military and police units, who have left public service for the greener pastures of the private sector. For police, the corporate security manager can be a powerful ally; but if this gentleman finds no allies in the police, and the pressure is on from his board-of-directors, he may quietly take certain matters into his own hands.
Nor is there any lack of disposable hired-help in the corporate security business. Private security agencies -- the 'security business' generally -- grew explosively in the 1980s. Today there are spooky gumshoed armies of "security consultants," "rent-acops," "private eyes," "outside experts" -- every manner of shady operator who retails in "results" and discretion. Or course, many of these gentlemen and ladies may be paragons of professional and moral rectitude. But as anyone who has read a hard-boiled detective novel knows, police tend to be less than fond of this sort of private-sector competition.
Companies in search of computer-security have even been known to hire hackers. Police shudder at this prospect.
Police treasure good relations with the business community. Rarely will you see a policeman so indiscreet as to allege publicly that some major employer in his state or city has succumbed to paranoia and gone off the rails. Nevertheless, police -- and computer police in particular -- are aware of this possibility. Computer-crime police can and do spend up to half of their business hours just doing public relations: seminars, "dog and pony shows," sometimes with parents' groups or computer users, but generally with their core audience: the likely victims of hacking crimes. These, of course, are telcos, credit card companies and large computerequipped corporations. The police strongly urge these people, as good citizens, to report offenses and press criminal charges; they pass the message that there is someone in authority who cares, understands, and, best of all, will take useful action should a computer-crime occur. But reassuring talk is cheap. Sundevil offered action.
The final message of Sundevil was intended for internal consumption by law enforcement. Sundevil was offered as proof that the community of American computer-crime police had come of age. Sundevil was proof that enormous things like Sundevil itself could now be accomplished. Sundevil was proof that the Secret Service and its local law-enforcement allies could act like a welloiled machine -- (despite the hampering use of those scrambled phones). It was also proof that the Arizona Organized Crime and Racketeering Unit -the sparkplug of Sundevil -- ranked with the best in the world in ambition, organization, and sheer conceptual daring.
And, as a final fillip, Sundevil was a message from the Secret Service to their longtime rivals in the Federal Bureau of Investigation. By Congressional fiat, both USSS and FBI formally share jurisdiction over federal computer- crimebusting activities. Neither of these groups has ever been remotely happy with this muddled situation. It seems to suggest that Congress cannot make up its mind as to which of these groups is better qualified. And there is scarcely a G-man or a Special Agent anywhere without a very firm opinion on that topic.
1.
For the neophyte, one of the most puzzling aspects of the crackdown on hackers is why the United States Secret Service has anything at all to do with this matter.
The Secret Service is best known for its primary public role: its agents protect the President of the United States. They also guard the President's family, the Vice President and his family, former Presidents, and Presidential candidates. They sometimes guard foreign dignitaries who are visiting the United States, especially foreign heads of state, and have been known to accompany American officials on diplomatic missions overseas.
Special Agents of the Secret Service don't wear uniforms, but the Secret Service also has two uniformed police agencies. There's the former White House Police (now known as the Secret Service Uniformed Division, since they currently guard foreign embassies in Washington, as well as the White House itself). And there's the uniformed Treasury Police Force.
The Secret Service has been charged by Congress with a number of little- known duties. They guard the precious metals in Treasury vaults. They guard the most valuable historical documents of the United States: originals of the Constitution, the Declaration of Independence, Lincoln's Second Inaugural Address, an American-owned copy of the Magna Carta, and so forth. Once they were assigned to guard the Mona Lisa, on her American tour in the 1960s.
The entire Secret Service is a division of the Treasury Department. Secret Service Special Agents (there are about 1,900 of them) are bodyguards for the President et al, but they all work for the Treasury. And the Treasury (through its divisions of the U.S. Mint and the Bureau of Engraving and Printing) prints the nation's money.
As Treasury police, the Secret Service guards the nation's currency; it is the only federal law enforcement agency with direct jurisdiction over counterfeiting and forgery. It analyzes documents for authenticity, and its fight against fake cash is still quite lively (especially since the skilled counterfeiters of Medellin, Columbia have gotten into the act). Government checks, bonds, and other obligations, which exist in untold millions and are worth untold billions, are common targets for forgery, which the Secret Service also battles. It even handles forgery of postage stamps. But cash is fading in importance today as money has become electronic. As necessity beckoned, the Secret Service moved from fighting the counterfeiting of paper currency and the forging of checks, to the protection of funds transferred by wire.
From wire-fraud, it was a simple skip-and-jump to what is formally known as "access device fraud." Congress granted the Secret Service the authority to investigate "access device fraud" under Title 18 of the United States Code (U.S.C. Section 1029).
The term "access device" seems intuitively simple. It's some kind of high-tech gizmo you use to get money with. It makes good sense to put this sort of thing in the charge of counterfeiting and wirefraud experts.
However, in Section 1029, the term "access device" is very generously defined. An access device is: "any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds."
"Access device" can therefore be construed to include credit cards themselves (a popular forgery item nowadays). It also includes credit card account numbers, those standards of the digital underground. The same goes for telephone charge cards (an increasingly popular item with telcos, who are tired of being robbed of pocket change by phone-booth thieves). And also telephone access codes, those other standards of the digital underground. (Stolen telephone codes may not "obtain money," but they certainly do obtain valuable "services," which is specifically forbidden by Section 1029.)
We can now see that Section 1029 already pits the United States Secret Service directly against the digital underground, without any mention at all of the word "computer."
Standard phreaking devices, like "blue boxes," used to steal phone service from old-fashioned mechanical switches, are unquestionably "counterfeit access devices." Thanks to Sec.1029, it is not only illegal to use counterfeit access devices, but it is even illegal to build them. "Producing," "designing" "duplicating" or "assembling" blue boxes are all federal crimes today, and if you do this, the Secret Service has been charged by Congress to come after you.
Automatic Teller Machines, which replicated all over America during the 1980s, are definitely "access devices," too, and an attempt to tamper with their punch-in codes and plastic bank cards falls directly under Sec. 1029.
Section 1029 is remarkably elastic. Suppose you find a computer password in somebody's trash. That password might be a "code" -- it's certainly a "means of account access." Now suppose you log on to a computer and copy some software for yourself. You've certainly obtained "service" (computer service) and a "thing of value" (the software). Suppose you tell a dozen friends about your swiped password, and let them use it, too. Now you're "trafficking in unauthorized access devices." And when the Prophet, a member of the Legion of Doom, passed a stolen telephone company document to Knight Lightning at Phrack magazine, they were both charged under Sec. 1029!
There are two limitations on Section 1029. First, the offense must "affect interstate or foreign commerce" in order to become a matter of federal jurisdiction. The term "affecting commerce" is not well defined; but you may take it as a given that the Secret Service can take an interest if you've done most anything that happens to cross a state line. State and local police can be touchy about their jurisdictions, and can sometimes be mulish when the feds show up. But when it comes to computercrime, the local police are pathetically grateful for federal help -- in fact they complain that they can't get enough of it. If you're stealing long-distance service, you're almost certainly crossing state lines, and you're definitely "affecting the interstate commerce" of the telcos. And if you're abusing credit cards by ordering stuff out of glossy catalogs from, say, Vermont, you're in for it. The second limitation is money. As a rule, the feds don't pursue penny-ante offenders. Federal judges will dismiss cases that appear to waste their time. Federal crimes must be serious; Section 1029 specifies a minimum loss of a thousand dollars. We now come to the very next section of Title 18, which is Section 1030, "Fraud and related activity in connection with computers." This statute gives the Secret Service direct jurisdiction over acts of computer intrusion. On the face of it, the Secret Service would now seem to command the field. Section 1030, however, is nowhere near so ductile as Section 1029. The first annoyance is Section 1030(d), which reads:
"(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General." (Author's italics.)
The Secretary of the Treasury is the titular head of the Secret Service, while the Attorney General is in charge of the FBI. In Section (d), Congress shrugged off responsibility for the computer-crime turf-battle between the Service and the Bureau, and made them fight it out all by themselves. The result was a rather dire one for the Secret Service, for the FBI ended up with exclusive jurisdiction over computer break-ins having to do with national security, foreign espionage, federally insured banks, and U.S. military bases, while retaining joint jurisdiction over all the other computer intrusions. Essentially, when it comes to Section 1030, the FBI not only gets the real glamor stuff for itself, but can peer over the shoulder of the Secret Service and barge in to meddle whenever it suits them. The second problem has to do with the dicey term "Federal interest computer." Section 1030(a)(2) makes it illegal to "access a computer without authorization" if that computer belongs to a financial institution or an issuer of credit cards (fraud cases, in other words). Congress was quite willing to give the Secret Service jurisdiction over money-transferring computers, but Congress balked at letting them investigate any and all computer intrusions. Instead, the USSS had to settle for the money machines and the "Federal interest computers." A "Federal interest computer" is a computer which the government itself owns, or is using. Large networks of interstate computers, linked over state lines, are also considered to be of "Federal interest." (This notion of "Federal interest" is legally rather foggy and has never been clearly defined in the courts. The Secret Service has never yet had its hand slapped for investigating computer break-ins that were not of "Federal interest," but conceivably someday this might happen.)
So the Secret Service's authority over "unauthorized access" to computers covers a lot of territory, but by no means the whole ball of cyberspatial wax. If you are, for instance, a local computer retailer, or the owner of a local bulletin board system, then a malicious local intruder can break in, crash your system, trash your files and scatter viruses, and the U.S. Secret Service cannot do a single thing about it.
At least, it can't do anything directly. But the Secret Service will do plenty to help the local people who can.
The FBI may have dealt itself an ace off the bottom of the deck when it comes to Section 1030; but that's not the whole story; that's not the street. What's Congress thinks is one thing, and Congress has been known to change its mind. The real turfstruggle is out there in the streets where it's happening. If you're a local street-cop with a computer problem, the Secret Service wants you to know where you can find the real expertise. While the Bureau crowd are off having their favorite shoes polished -- (wing-tips) -- and making derisive fun of the Service's favorite shoes -- ("pansy-ass tassels") -the tassel-toting Secret Service has a crew of readyand-able hacker-trackers installed in the capital of every state in the Union. Need advice? They'll give you advice, or at least point you in the right direction. Need training? They can see to that, too.
If you're a local cop and you call in the FBI, the FBI (as is widely and slanderously rumored) will order you around like a coolie, take all the credit for your busts, and mop up every possible scrap of reflected glory. The Secret Service, on the other hand, doesn't brag a lot. They're the quiet types. Very quiet. Very cool. Efficient. High-tech. Mirrorshades, icy stares, radio ear- plugs, an Uzi machine-pistol tucked somewhere in that well-cut jacket. American samurai, sworn to give their lives to protect our President. "The granite agents." Trained in martial arts, absolutely fearless. Every single one of 'em has a top-secret security clearance. Something goes a little wrong, you're not gonna hear any whining and moaning and political buck- passing out of these guys.
The facade of the granite agent is not, of course, the reality. Secret Service agents are human beings. And the real glory in Service work is not in battling computer crime -- not yet, anyway -- but in protecting the President. The real glamour of Secret Service work is in the White House Detail. If you're at the President's side, then the kids and the wife see you on television; you rub shoulders with the most powerful people in the world. That's the real heart of Service work, the number one priority. More than one computer investigation has stopped dead in the water when Service agents vanished at the President's need.
There's romance in the work of the Service. The intimate access to circles of great power; the espritde-corps of a highly trained and disciplined elite; the high responsibility of defending the Chief Executive; the fulfillment of a patriotic duty. And as police work goes, the pay's not bad. But there's squalor in Service work, too. You may get spat upon by protesters howling abuse -- and if they get violent, if they get too close, sometimes you have to knock one of them down -- discreetly.
The real squalor in Service work is drudgery such as "the quarterlies," traipsing out four times a year, year in, year out, to interview the various pathetic wretches, many of them in prisons and asylums, who have seen fit to threaten the President's life. And then there's the grinding stress of searching all those faces in the endless bustling crowds, looking for hatred, looking for psychosis, looking for the tight, nervous face of an Arthur Bremer, a Squeaky Fromme, a Lee Harvey Oswald. It's watching all those grasping, waving hands for sudden movements, while your ears strain at your radio headphone for the long- rehearsed cry of "Gun!"
It's poring, in grinding detail, over the biographies of every rotten loser who ever shot at a President. It's the unsung work of the Protective Research Section, who study scrawled, anonymous death threats with all the meticulous tools of antiforgery techniques.
And it's maintaining the hefty computerized files on anyone who ever threatened the President's life. Civil libertarians have become increasingly concerned at the Government's use of computer files to track American citizens - - but the Secret Service file of potential Presidential assassins, which has upward of twenty thousand names, rarely causes a peep of protest. If you ever state that you intend to kill the President, the Secret Service will want to know and record who you are, where you are, what you are, and what you're up to. If you're a serious threat -- if you're officially considered "of protective interest" -- then the Secret Service may well keep tabs on you for the rest of your natural life.
Protecting the President has first call on all the Service's resources. But there's a lot more to the Service's traditions and history than standing guard outside the Oval Office. The Secret Service is the nation's oldest general federal law-enforcement agency. Compared to the Secret Service, the FBI are new- hires and the CIA are temps. The Secret Service was founded 'way back in 1865, at the suggestion of Hugh McCulloch, Abraham Lincoln's Secretary of the Treasury. McCulloch wanted a specialized Treasury police to combat counterfeiting. Abraham Lincoln agreed that this seemed a good idea, and, with a terrible irony, Abraham Lincoln was shot that very night by John Wilkes Booth.
The Secret Service originally had nothing to do with protecting Presidents. They didn't take this on as a regular assignment until after the Garfield assassination in 1881.
And they didn't get any Congressional money for it until President McKinley was shot in 1901. The Service was originally designed for one purpose: destroying counterfeiters.
2.
There are interesting parallels between the Service's nineteenth-century entry into counterfeiting, and America's twentieth- century entry into computer-crime.
In 1865, America's paper currency was a terrible muddle. Security was drastically bad. Currency was printed on the spot by local banks in literally hundreds of different designs. No one really knew what the heck a dollar bill was supposed to look like. Bogus bills passed easily. If some joker told you that a one-dollar bill from the Railroad Bank of Lowell, Massachusetts had a woman leaning on a shield, with a locomotive, a cornucopia, a compass, various agricultural implements, a railroad bridge, and some factories, then you pretty much had to take his word for it. (And in fact he was telling the truth!)
Sixteen hundred local American banks designed and printed their own paper currency, and there were no general standards for security. Like a badly guarded node in a computer network, badly designed bills were easy to fake, and posed a security hazard for the entire monetary system.
No one knew the exact extent of the threat to the currency. There were panicked estimates that as much as a third of the entire national currency was faked. Counterfeiters -- known as "boodlers" in the underground slang of the time -- were mostly technically skilled printers who had gone to the bad. Many had once worked printing legitimate currency. Boodlers operated in rings and gangs. Technical experts engraved the bogus plates -- commonly in basements in New York City. Smooth confidence men passed large wads of high-quality, highdenomination fakes, including the really sophisticated stuff -- government bonds, stock certificates, and railway shares. Cheaper, botched fakes were sold or sharewared to low-level gangs of boodler wannabes. (The really cheesy lowlife boodlers merely upgraded real bills by altering face values, changing ones to fives, tens to hundreds, and so on.) The techniques of boodling were little-known and regarded with a certain awe by the midnineteenth-century public. The ability to manipulate the system for rip-off seemed diabolically clever. As the skill and daring of the boodlers increased, the situation became intolerable. The federal government stepped in, and began offering its own federal currency, which was printed in fancy green ink, but only on the back - the original "greenbacks." And at first, the improved security of the well- designed, well-printed federal greenbacks seemed to solve the problem; but then the counterfeiters caught on. Within a few years things were worse than ever: a centralized system where all security was bad!
The local police were helpless. The Government tried offering blood money to potential informants, but this met with little success. Banks, plagued by boodling, gave up hope of police help and hired private security men instead. Merchants and bankers queued up by the thousands to buy privately-printed manuals on currency security, slim little books like Laban Heath's Infallible Government Counterfeit Detector. The back of the book offered Laban Heath's patent microscope for five bucks. Then the Secret Service entered the picture. The first agents were a rough and ready crew. Their chief was one William P. Wood, a former guerilla in the Mexican War who'd won a reputation busting contractor fraudsters for the War Department during the Civil War. Wood, who was also Keeper of the Capital Prison, had a sideline as a counterfeiting expert, bagging boodlers for the federal bounty money.
Wood was named Chief of the new Secret Service in July 1865. There were only ten Secret Service agents in all: Wood himself, a handful who'd worked for him in the War Department, and a few former private investigators -- counterfeiting experts -- whom Wood had won over to public service. (The Secret Service of 1865 was much the size of the Chicago Computer Fraud Task Force or the Arizona Racketeering Unit of 1990.) These ten "Operatives" had an additional twenty or so "Assistant Operatives" and "Informants." Besides salary and per diem, each Secret Service employee received a whopping twenty-five dollars for each boodler he captured.
Wood himself publicly estimated that at least half of America's currency was counterfeit, a perhaps pardonable perception. Within a year the Secret Service had arrested over 200 counterfeiters. They busted about two hundred boodlers a year for four years straight.
Wood attributed his success to travelling fast and light, hitting the bad- guys hard, and avoiding bureaucratic baggage. "Because my raids were made without military escort and I did not ask the assistance of state officers, I surprised the professional counterfeiter."
Wood's social message to the once-impudent boodlers bore an eerie ring of Sundevil: "It was also my purpose to convince such characters that it would no longer be healthy for them to ply their vocation without being handled roughly, a fact they soon discovered."
William P. Wood, the Secret Service's guerilla pioneer, did not end well. He succumbed to the lure of aiming for the really big score. The notorious Brockway Gang of New York City, headed by William E. Brockway, the "King of the Counterfeiters," had forged a number of government bonds. They'd passed these brilliant fakes on the prestigious Wall Street investment firm of Jay Cooke and Company. The Cooke firm were frantic and offered a huge reward for the forgers' plates.
Laboring diligently, Wood confiscated the plates (though not Mr. Brockway) and claimed the reward. But the Cooke company treacherously reneged. Wood got involved in a down-and-dirty lawsuit with the Cooke capitalists. Wood's boss, Secretary of the Treasury McCulloch, felt that Wood's demands for money and glory were unseemly, and even when the reward money finally came through, McCulloch refused to pay Wood anything. Wood found himself mired in a seemingly endless round of federal suits and Congressional lobbying.
Wood never got his money. And he lost his job to boot. He resigned in 1869.
Wood's agents suffered, too. On May 12, 1869, the second Chief of the Secret Service took over, and almost immediately fired most of Wood's pioneer Secret Service agents: Operatives, Assistants and Informants alike. The practice of receiving $25 per crook was abolished. And the Secret Service began the long, uncertain process of thorough professionalization.
Wood ended badly. He must have felt stabbed in the back. In fact his entire organization was mangled.
On the other hand, William P. Wood was the first head of the Secret Service. William Wood was the pioneer. People still honor his name. Who remembers the name of the second head of the Secret Service?
As for William Brockway (also known as "Colonel Spencer"), he was finally arrested by the Secret Service in 1880. He did five years in prison, got out, and was still boodling at the age of seventyfour.
3.
Anyone with an interest in Operation Sundevil - or in American computer-crime generally -- could scarcely miss the presence of Gail Thackeray, Assistant Attorney General of the State of Arizona. Computer-crime training manuals often cited Thackeray's group and her work; she was the highest- ranking state official to specialize in computer-related offenses. Her name had been on the Sundevil press release (though modestly ranked well after the local federal prosecuting attorney and the head of the Phoenix Secret Service office). As public commentary, and controversy, began to mount about the Hacker Crackdown, this Arizonan state official began to take a higher and higher public profile. Though uttering almost nothing specific about the Sundevil operation itself, she coined some of the most striking soundbites of the growing propaganda war: "Agents are operating in good faith, and I don't think you can say that for the hacker community," was one. Another was the memorable "I am not a mad dog prosecutor" (Houston Chronicle, Sept 2, 1990.) In the meantime, the Secret Service maintained its usual extreme discretion; the Chicago Unit, smarting from the backlash of the Steve Jackson scandal, had gone completely to earth.
As I collated my growing pile of newspaper clippings, Gail Thackeray ranked as a comparative fount of public knowledge on police operations.
I decided that I had to get to know Gail Thackeray. I wrote to her at the Arizona Attorney General's Office.
Not only did she kindly reply to me, but, to my astonishment, she knew very well what "cyberpunk" science fiction was.
Shortly after this, Gail Thackeray lost her job. And I temporarily misplaced my own career as a science-fiction writer, to become a full-time computer-crime journalist. In early March, 1991, I flew to Phoenix, Arizona, to interview Gail Thackeray for my book on the hacker crackdown.
4.
"Credit cards didn't used to cost anything to get," says Gail Thackeray. "Now they cost forty bucks -- and that's all just to cover the costs from rip-off artists."
Electronic nuisance criminals are parasites. One by one they're not much harm, no big deal. But they never come just one by one. They come in swarms, heaps, legions, sometimes whole subcultures. And they bite. Every time we buy a credit card today, we lose a little financial vitality to a particular species of bloodsucker. What, in her expert opinion, are the worst forms of electronic crime, I ask, consulting my notes. Is it -credit card fraud? Breaking into ATM bank machines? Phone-phreaking? Computer intrusions? Software viruses? Access-code theft? Records tampering? Software piracy? Pornographic bulletin boards? Satellite TV piracy? Theft of cable service? It's a long list. By the time I reach the end of it I feel rather depressed. "Oh no," says Gail Thackeray, leaning forward over the table, her whole body gone stiff with energetic indignation, "the biggest damage is telephone fraud. Fake sweepstakes, fake charities. Boiler-room con operations. You could pay off the national debt with what these guys steal.... They target old people, they get hold of credit ratings and demographics, they rip off the old and the weak." The words come tumbling out of her.
It's low-tech stuff, your everyday boiler-room fraud. Grifters, conning people out of money over the phone, have been around for decades. This is where the word "phony" came from!
It's just that it's so much easier now, horribly facilitated by advances in technology and the byzantine structure of the modern phone system. The same professional fraudsters do it over and over, Thackeray tells me, they hide behind dense onion-shells of fake companies.... fake holding corporations nine or ten layers deep, registered all over the map. They get a phone installed under a false name in an empty safe-house. And then they call-forward everything out of that phone to yet another phone, a phone that may even be in another state. And they don't even pay the charges on their phones; after a month or so, they just split. Set up somewhere else in another Podunkville with the same seedy crew of veteran phone-crooks. They buy or steal commercial credit card reports, slap them on the PC, have a program pick out people over sixty-five who pay a lot to charities. A whole subculture living off this, merciless folks on the con.
"The 'light-bulbs for the blind' people," Thackeray muses, with a special loathing. "There's just no end to them."
We're sitting in a downtown diner in Phoenix, Arizona. It's a tough town, Phoenix. A state capital seeing some hard times. Even to a Texan like myself, Arizona state politics seem rather baroque. There was, and remains, endless trouble over the Martin Luther King holiday, the sort of stiff-necked, foot-shooting incident for which Arizona politics seem famous. There was Evan Mecham, the eccentric Republican millionaire governor who was impeached, after reducing state government to a ludicrous shambles. Then there was the national Keating scandal, involving Arizona savings and loans, in which both of Arizona's U.S. senators, DeConcini and McCain, played sadly prominent roles.
And the very latest is the bizarre AzScam case, in which state legislators were videotaped, eagerly taking cash from an informant of the Phoenix city police department, who was posing as a Vegas mobster.
"Oh," says Thackeray cheerfully. "These people are amateurs here, they thought they were finally getting to play with the big boys. They don't have the least idea how to take a bribe! It's not institutional corruption. It's not like back in Philly."
Gail Thackeray was a former prosecutor in Philadelphia. Now she's a former assistant attorney general of the State of Arizona. Since moving to Arizona in 1986, she had worked under the aegis of Steve Twist, her boss in the Attorney General's office. Steve Twist wrote Arizona's pioneering computer crime laws and naturally took an interest in seeing them enforced. It was a snug niche, and Thackeray's Organized Crime and Racketeering Unit won a national reputation for ambition and technical knowledgeability.... Until the latest election in Arizona. Thackeray's boss ran for the top job, and lost. The victor, the new Attorney General, apparently went to some pains to eliminate the bureaucratic traces of his rival, including his pet group -- Thackeray's group. Twelve people got their walking papers.
Now Thackeray's painstakingly assembled computer lab sits gathering dust somewhere in the glass-and-concrete Attorney General's HQ on 1275 Washington Street. Her computer-crime books, her painstakingly garnered back issues of phreak and hacker zines, all bought at her own expense -- are piled in boxes somewhere. The State of Arizona is simply not particularly interested in electronic racketeering at the moment.
At the moment of our interview, Gail Thackeray, officially unemployed, is working out of the county sheriff's office, living on her savings, and prosecuting several cases -- working 60-hour weeks, just as always -- for no pay at all. "I'm trying to train people," she mutters.
Half her life seems to be spent training people - merely pointing out, to the naive and incredulous (such as myself) that this stuff is actually going on out there. It's a small world, computer crime. A young world. Gail Thackeray, a trim blonde BabyBoomer who favors Grand Canyon white-water rafting to kill some slow time, is one of the world's most senior, most veteran "hacker-trackers." Her mentor was Donn Parker, the California think-tank theorist who got it all started 'way back in the mid70s, the "grandfather of the field," "the great bald eagle of computer crime."
And what she has learned, Gail Thackeray teaches. Endlessly. Tirelessly. To anybody. To Secret Service agents and state police, at the Glynco, Georgia federal training center. To local police, on "roadshows" with her slide projector and notebook. To corporate security personnel. To journalists. To parents.
Even crooks look to Gail Thackeray for advice. Phone-phreaks call her at the office. They know very well who she is. They pump her for information on what the cops are up to, how much they know. Sometimes whole crowds of phone phreaks, hanging out on illegal conference calls, will call Gail Thackeray up. They taunt her. And, as always, they boast. Phone-phreaks, real stone phone-phreaks, simply cannot shut up. They natter on for hours.
Left to themselves, they mostly talk about the intricacies of ripping-off phones; it's about as interesting as listening to hot-rodders talk about suspension and distributor-caps. They also gossip cruelly about each other. And when talking to Gail Thackeray, they incriminate themselves. "I have tapes," Thackeray says coolly.
Phone phreaks just talk like crazy. "Dial-Tone" out in Alabama has been known to spend half-an- hour simply reading stolen phone-codes aloud into voice-mail answering machines. Hundreds, thousands of numbers, recited in a monotone, without a break -- an eerie phenomenon. When arrested, it's a rare phone phreak who doesn't inform at endless length on everybody he knows.
Hackers are no better. What other group of criminals, she asks rhetorically, publishes newsletters and holds conventions? She seems deeply nettled by the sheer brazenness of this behavior, though to an outsider, this activity might make one wonder whether hackers should be considered "criminals" at all. Skateboarders have magazines, and they trespass a lot. Hot rod people have magazines and they break speed limits and sometimes kill people....
I ask her whether it would be any loss to society if phone phreaking and computer hacking, as hobbies, simply dried up and blew away, so that nobody ever did it again. She seems surprised. "No," she says swiftly. "Maybe a little... in the old days... the MIT stuff... But there's a lot of wonderful, legal stuff you can do with computers now, you don't have to break into somebody else's just to learn. You don't have that excuse. You can learn all you like." Did you ever hack into a system? I ask.
The trainees do it at Glynco. Just to demonstrate system vulnerabilities. She's cool to the notion. Genuinely indifferent. "What kind of computer do you have?"
"A Compaq 286LE," she mutters.
"What kind do you wish you had?"
At this question, the unmistakable light of true hackerdom flares in Gail Thackeray's eyes. She becomes tense, animated, the words pour out: "An Amiga 2000 with an IBM card and Mac emulation! The most common hacker machines are Amigas and Commodores. And Apples." If she had the Amiga, she enthuses, she could run a whole galaxy of seized computer-evidence disks on one convenient multifunctional machine. A cheap one, too. Not like the old Attorney General lab, where they had an ancient CP/M machine, assorted Amiga flavors and Apple flavors, a couple IBMS, all the utility software... but no Commodores. The workstations down at the Attorney General's are Wang dedicated word-processors. Lame machines tied in to an office net -- though at least they get online to the Lexis and Westlaw legal data services. I don't say anything. I recognize the syndrome, though. This computer-fever has been running through segments of our society for years now. It's a strange kind of lust: K-hunger, Meg-hunger; but it's a shared disease; it can kill parties dead, as conversation spirals into the deepest and most deviant recesses of software releases and expensive peripherals.... The mark of the hacker beast. I have it too. The whole "electronic community," whatever the hell that is, has it. Gail Thackeray has it. Gail Thackeray is a hacker cop. My immediate reaction is a strong rush of indignant pity: why doesn't somebody buy this woman her Amiga?! It's not like she's asking for a Cray X-MP supercomputer mainframe; an Amiga's a sweet little cookie-box thing. We're losing zillions in organized fraud; prosecuting and defending a single hacker case in court can cost a hundred grand easy. How come nobody can come up with four lousy grand so this woman can do her job? For a hundred grand we could buy every computer cop in America an Amiga. There aren't that many of 'em.
Computers. The lust, the hunger, for computers. The loyalty they inspire, the intense sense of possessiveness. The culture they have bred. I myself am sitting in downtown Phoenix, Arizona because it suddenly occurred to me that the police might -- just might -- come and take away my computer. The prospect of this, the mere implied threat, was unbearable. It literally changed my life. It was changing the lives of many others. Eventually it would change everybody's life.
Gail Thackeray was one of the top computercrime people in America. And I was just some novelist, and yet I had a better computer than hers. Practically everybody I knew had a better computer than Gail Thackeray and her feeble laptop 286. It was like sending the sheriff in to clean up Dodge City and arming her with a slingshot cut from an old rubber tire.
But then again, you don't need a howitzer to enforce the law. You can do a lot just with a badge. With a badge alone, you can basically wreak havoc, take a terrible vengeance on wrongdoers. Ninety percent of "computer crime investigation" is just "crime investigation:" names, places, dossiers, modus operandi, search warrants, victims, complainants, informants...
What will computer crime look like in ten years? Will it get better? Did "Sundevil" send 'em reeling back in confusion?
It'll be like it is now, only worse, she tells me with perfect conviction. Still there in the background, ticking along, changing with the times: the criminal underworld. It'll be like drugs are. Like our problems with alcohol. All the cops and laws in the world never solved our problems with alcohol. If there's something people want, a certain percentage of them are just going to take it. Fifteen percent of the populace will never steal. Fifteen percent will steal most anything not nailed down. The battle is for the hearts and minds of the remaining seventy percent.
And criminals catch on fast. If there's not "too steep a learning curve" -- if it doesn't require a baffling amount of expertise and practice -- then criminals are often some of the first through the gate of a new technology. Especially if it helps them to hide. They have tons of cash, criminals. The new communications tech -- like pagers, cellular phones, faxes, Federal Express -- were pioneered by rich corporate people, and by criminals. In the early years of pagers and beepers, dope dealers were so enthralled this technology that owing a beeper was practically prima facie evidence of cocaine dealing. CB radio exploded when the speed limit hit 55 and breaking the highway law became a national pastime. Dope dealers send cash by Federal Express, despite, or perhaps because of, the warnings in FedEx offices that tell you never to try this. Fed Ex uses X-rays and dogs on their mail, to stop drug shipments. That doesn't work very well.
Drug dealers went wild over cellular phones. There are simple methods of faking ID on cellular phones, making the location of the call mobile, free of charge, and effectively untraceable. Now victimized cellular companies routinely bring in vast toll-lists of calls to Colombia and Pakistan.
Judge Greene's fragmentation of the phone company is driving law enforcement nuts. Four thousand telecommunications companies. Fraud skyrocketing. Every temptation in the world available with a phone and a credit card number. Criminals untraceable. A galaxy of "new neat rotten things to do."
Judge Greene's fragmentation of the phone company is driving law enforcement nuts. Four thousand telecommunications companies. Fraud skyrocketing. Every temptation in the world available with a phone and a credit card number. Criminals untraceable. A galaxy of "new neat rotten things to do."
If there were one thing Thackeray would like to have, it would be an effective legal end-run through this new fragmentation minefield.
It would be a new form of electronic search warrant, an "electronic letter of marque" to be issued by a judge. It would create a new category of "electronic emergency." Like a wiretap, its use would be rare, but it would cut across state lines and force swift cooperation from all concerned. Cellular, phone, laser, computer network, PBXes, AT&T, Baby Bells, long-distance entrepreneurs, packet radio. Some document, some mighty court-order, that could slice through four thousand separate forms of corporate red-tape, and get her at once to the source of calls, the source of email threats and viruses, the sources of bomb threats, kidnapping threats. "From now on," she says, "the Lindberg baby will always die."
Something that would make the Net sit still, if only for a moment. Something that would get her up to speed. Seven league boots. That's what she really needs. "Those guys move in nanoseconds and I'm on the Pony Express." And then, too, there's the coming international angle. Electronic crime has never been easy to localize, to tie to a physical jurisdiction. And phone phreaks and hackers loathe boundaries, they jump them whenever they can. The English. The Dutch. And the Germans, especially the ubiquitous Chaos Computer Club. The Australians. They've all learned phone-phreaking from America. It's a growth mischief industry. The multinational networks are global, but governments and the police simply aren't. Neither are the laws. Or the legal frameworks for citizen protection.
One language is global, though - English. Phone phreaks speak English; it's their native tongue even if they're Germans. English may have started in England but now it's the Net language; it might as well be called "CNNese."
Asians just aren't much into phone phreaking. They're the world masters at organized software piracy. The French aren't into phone-phreaking either. The French are into computerized industrial espionage.
In the old days of the MIT righteous hackerdom, crashing systems didn't hurt anybody. Not all that much, anyway. Not permanently. Now the players are more venal. Now the consequences are worse. Hacking will begin killing people soon. Already there are methods of stacking calls onto 911 systems, annoying the police, and possibly causing the death of some poor soul calling in with a genuine emergency. Hackers in Amtrak computers, or airtraffic control computers, will kill somebody someday. Maybe a lot of people. Gail Thackeray expects it.
And the viruses are getting nastier. The "Scud" virus is the latest one out. It wipes hard-disks.
According to Thackeray, the idea that phonephreaks are Robin Hoods is a fraud. They don't deserve this repute. Basically, they pick on the weak. AT&T now protects itself with the fearsome ANI (Automatic Number Identification) trace capability. When AT&T wised up and tightened security generally, the phreaks drifted into the Baby Bells. The Baby Bells lashed out in 1989 and 1990, so the phreaks switched to smaller long-distance entrepreneurs. Today, they are moving into locally owned PBXes and voice-mail systems, which are full of security holes, dreadfully easy to hack. These victims aren't the moneybags Sheriff of Nottingham or Bad King John, but small groups of innocent people who find it hard to protect themselves, and who really suffer from these depredations. Phone phreaks pick on the weak. They do it for power. If it were legal, they wouldn't do it. They don't want service, or knowledge, they want the thrill of powertripping. There's plenty of knowledge or service around, if you're willing to pay. Phone phreaks don't pay, they steal. It's because it is illegal that it feels like power, that it gratifies their vanity.
I leave Gail Thackeray with a handshake at the door of her office building - a vast International Style office building downtown. The Sheriff's office is renting part of it. I get the vague impression that quite a lot of the building is empty - real estate crash. In a Phoenix sports apparel store, in a downtown mall, I meet the "Sun Devil" himself. He is the cartoon mascot of Arizona State University, whose football stadium, "Sundevil," is near the local Secret Service HQ - hence the name Operation Sundevil. The Sun Devil himself is named "Sparky." Sparky the Sun Devil is maroon and bright yellow, the school colors. Sparky brandishes a three-tined yellow pitchfork. He has a small mustache, pointed ears, a barbed tail, and is dashing forward jabbing the air with the pitchfork, with an expression of devilish glee.
Phoenix was the home of Operation Sundevil. The Legion of Doom ran a hacker bulletin board called "The Phoenix Project." An Australian hacker named "Phoenix" once burrowed through the Internet to attack Cliff Stoll, then bragged and boasted about it to The New York Times. This net of coincidence is both odd and meaningless.
The headquarters of the Arizona Attorney General, Gail Thackeray's former workplace, is on 1275 Washington Avenue. Many of the downtown streets in Phoenix are named after prominent American presidents: Washington, Jefferson, Madison...
After dark, all the employees go home to their suburbs. Washington, Jefferson and Madison - what would be the Phoenix inner city, if there were an inner city in this sprawling automobile-bred town - become the haunts of transients and derelicts. The homeless. The sidewalks along Washington are lined with orange trees. Ripe fallen fruit lies scattered like croquet balls on the sidewalks and gutters. No one seems to be eating them. I try a fresh one. It tastes unbearably bitter.
The Attorney General's office, built in 1981 during the Babbitt administration, is a long low two story building of white cement and wall-sized sheets of curtain-glass. Behind each glass wall is a lawyer's office, quite open and visible to anyone strolling by. Across the street is a dour government building labelled simply ECONOMIC SECURITY, something that has not been in great supply in the American Southwest lately.
The offices are about twelve feet square. They feature tall wooden cases full of red-spined lawbooks; Wang computer monitors; telephones; Post-it notes galore. Also framed law diplomas and a general excess of bad Western landscape art. Ansel Adams photos are a big favorite, perhaps to compensate for the dismal specter of the parking lot, two acres of striped black asphalt, which features gravel landscaping and some sickly-looking barrel cacti.
It has grown dark. Gail Thackeray has told me that the people who work late here, are afraid of muggings in the parking lot. It seems cruelly ironic that a woman tracing electronic racketeers across the interstate labyrinth of Cyberspace should fear an assault by a homeless derelict in the parking lot of her own workplace.
Perhaps this is less than coincidence. Perhaps these two seemingly disparate worlds are somehow generating one another. The poor and disenfranchised take to the streets, while the rich and computer-equipped, safe in their bedrooms, chatter over their modems. Quite often the derelicts kick the glass out and break in to the lawyers' offices, if they see something they need or want badly enough. I cross the parking lot to the street behind the Attorney General's office. A pair of young tramps are bedding down on flattened sheets of cardboard, under an alcove stretching over the sidewalk. One tramp wears a glitter-covered T-shirt reading "CALIFORNIA" in Coca-Cola cursive. His nose and cheeks look chafed and swollen; they glisten with what seems to be Vaseline. The other tramp has a ragged long-sleeved shirt and lank brown hair parted in the middle. They both wear blue jeans coated in grime. They are both drunk. "You guys crash here a lot?" I ask them.
They look at me warily. I am wearing black jeans, a black pinstriped suit jacket and a black silk tie. I have odd shoes and a funny haircut.
"It's our first time here," says the red-nosed tramp unconvincingly. There is a lot of cardboard stacked here. More than any two people could use.
"We usually stay at the Vinnie's down the street," says the brown-haired tramp, puffing a Marlboro with a meditative air, as he sprawls with his head on a blue nylon backpack. "The Saint Vincent's." "You know who works in that building over there?" I ask, pointing. The brown-haired tramp shrugs. "Some kind of attorneys, it says."
We urge one another to take it easy. I give them five bucks. A block down the street I meet a vigorous workman who is wheeling along some kind of industrial trolley; it has what appears to be a tank of propane on it.
We make eye contact. We nod politely. I walk past him. "Hey! Excuse me sir!" he says.
"Yes?" I say, stopping and turning.
"Have you seen," the guy says rapidly, "a black guy, about 6'7", scars on both his cheeks like this -" he gestures - "wears a black baseball cap on backwards, wandering around here anyplace?"
"Sounds like I don't much want to meet him," I say.
"He took my wallet," says my new acquaintance. "Took it this morning. Y'know, some people would be scared of a guy like that. But I'm not scared. I'm from Chicago. I'm gonna hunt him down. We do things like that in Chicago."
"Yeah?"
"I went to the cops and now he's got an APB out on his ass," he says with satisfaction. "You run into him, you let me know." "Okay," I say. "What is your name, sir?"
"Stanley..."
"And how can I reach you?"
"Oh," Stanley says, in the same rapid voice, "you don't have to reach, uh, me. You can just call the cops. Go straight to the cops." He reaches into a pocket and pulls out a greasy piece of pasteboard. "See, here's my report on him."
I look. The "report," the size of an index card, is labelled PRO-ACT: Phoenix Residents Opposing Active Crime Threat... or is it Organized Against Crime Threat? In the darkening street it's hard to read. Some kind of vigilante group? Neighborhood watch? I feel very puzzled.
"Are you a police officer, sir?"
He smiles, seems very pleased by the question.
"No," he says.
"But you are a `Phoenix Resident?"'
"Would you believe a homeless person," Stanley says.
"Really? But what's with the..." For the first time I take a close look at Stanley's trolley. It's a rubber-wheeled thing of industrial metal, but the device I had mistaken for a tank of propane is in fact a water-cooler. Stanley also has an Army duffel-bag, stuffed tight as a sausage with clothing or perhaps a tent, and, at the base of his trolley, a cardboard box and a battered leather briefcase.
"I see," I say, quite at a loss. For the first time I notice that Stanley has a wallet. He has not lost his wallet at all. It is in his back pocket and chained to his belt. It's not a new wallet. It seems to have seen a lot of wear.
"Well, you know how it is, brother," says Stanley. Now that I know that he is homeless - a possible threat - my entire perception of him has changed in an instant. His speech, which once seemed just bright and enthusiastic, now seems to have a dangerous tang of mania. "I have to do this!" he assures me. "Track this guy down... It's a thing I do... you know... to keep myself together!" He smiles, nods, lifts his trolley by its decaying rubber handgrips.
"Gotta work together, y'know," Stanley booms, his face alight with cheerfulness, "the police can't do everything!"
The gentlemen I met in my stroll in downtown Phoenix are the only computer illiterates in this book. To regard them as irrelevant, however, would be a grave mistake.
As computerization spreads across society, the populace at large is subjected to wave after wave of future shock. But, as a necessary converse, the "computer community" itself is subjected to wave after wave of incoming computer illiterates. How will those currently enjoying America's digital bounty regard, and treat, all this teeming refuse yearning to breathe free? Will the electronic frontier be another Land of Opportunity - or an armed and monitored enclave, where the disenfranchised snuggle on their cardboard at the locked doors of our houses of justice?
Some people just don't get along with computers. They can't read. They can't type. They just don't have it in their heads to master arcane instructions in wirebound manuals. Somewhere, the process of computerization of the populace will reach a limit. Some people - quite decent people maybe, who might have thrived in any other situation - will be left irretrievably outside the bounds. What's to be done with these people, in the bright new shiny electroworld? How will they be regarded, by the mouse-whizzing masters of cyberspace? With contempt? Indifference? Fear?
In retrospect, it astonishes me to realize how quickly poor Stanley became a perceived threat. Surprise and fear are closely allied feelings. And the world of computing is full of surprises.
I met one character in the streets of Phoenix whose role in those book is supremely and directly relevant. That personage was Stanley's giant thieving scarred phantom. This phantasm is everywhere in this book. He is the specter haunting cyberspace.
Sometimes he's a maniac vandal ready to smash the phone system for no sane reason at all. Sometimes he's a fascist fed, coldly programming his mighty mainframes to destroy our Bill of Rights. Sometimes he's a telco bureaucrat, covertly conspiring to register all modems in the service of an Orwellian surveillance regime. Mostly, though, this fearsome phantom is a "hacker." He's strange, he doesn't belong, he's not authorized, he doesn't smell right, he's not keeping his proper place, he's not one of us. The focus of fear is the hacker, for much the same reasons that Stanley's fancied assailant is black.
Stanley's demon can't go away, because he doesn't exist. Despite singleminded and tremendous effort, he can't be arrested, sued, jailed, or fired. The only constructive way to do anything about him is to learn more about Stanley himself. This learning process may be repellent, it may be ugly, it may involve grave elements of paranoiac confusion, but it's necessary. Knowing Stanley requires something more than class-crossing condescension. It requires more than steely legal objectivity. It requires human compassion and sympathy. To know Stanley is to know his demon. If you know the other guy's demon, then maybe you'll come to know some of your own. You'll be able to separate reality from illusion. And then you won't do your cause, and yourself, more harm than good. Like poor damned Stanley from Chicago did.
5.
The Federal Computer Investigations Committee (FCIC) is the most important and influential organization in the realm of American computer-crime. Since the police of other countries have largely taken their computer-crime cues from American methods, the FCIC might well be called the most important computer crime group in the world.
It is also, by federal standards, an organization of great unorthodoxy. State and local investigators mix with federal agents. Lawyers, financial auditors and computer-security programmers trade notes with street cops. Industry vendors and telco security people show up to explain their gadgetry and plead for protection and justice. Private investigators, think-tank experts and industry pundits throw in their two cents' worth. The FCIC is the antithesis of a formal bureaucracy. Members of the FCIC are obscurely proud of this fact; they recognize their group as aberrant, but are entirely convinced that this, for them, outright *weird* behavior is nevertheless *absolutely necessary* to get their jobs done.
FCIC regulars -- from the Secret Service, the FBI, the IRS, the Department of Labor, the offices of federal attorneys, state police, the Air Force, from military intelligence -- often attend meetings, held hither and thither across the country, at their own expense. The FCIC doesn't get grants. It doesn't charge membership fees. It doesn't have a boss. It has no headquarters -- just a mail drop in Washington DC, at the Fraud Division of the Secret Service. It doesn't have a budget. It doesn't have schedules. It meets three times a year -- sort of. Sometimes it issues publications, but the FCIC has no regular publisher, no treasurer, not even a secretary. There are no minutes of FCIC meetings. Non-federal people are considered "non-voting members," but there's not much in the way of elections. There are no badges, lapel pins or certificates of membership. Everyone is on a firstname basis. There are about forty of them. Nobody knows how many, exactly. People come, people go -sometimes people "go" formally but still hang around anyway. Nobody has ever exactly figured out what "membership" of this "Committee" actually entails.
Strange as this may seem to some, to anyone familiar with the social world of computing, the "organization" of the FCIC is very recognizable.
For years now, economists and management theorists have speculated that the tidal wave of the information revolution would destroy rigid, pyramidal bureaucracies, where everything is topdown and centrally controlled. Highly trained "employees" would take on much greater autonomy, being self-starting, and self-motivating, moving from place to place, task to task, with great speed and fluidity. "Ad-hocracy" would rule, with groups of people spontaneously knitting together across organizational lines, tackling the problem at hand, applying intense computer-aided expertise to it, and then vanishing whence they came.
This is more or less what has actually happened in the world of federal computer investigation. With the conspicuous exception of the phone companies, which are after all over a hundred years old, practically *every* organization that plays any important role in this book functions just like the FCIC. The Chicago Task Force, the Arizona Racketeering Unit, the Legion of Doom, the Phrack crowd, the Electronic Frontier Foundation -- they *all* look and act like "tiger teams" or "user's groups." They are all electronic ad-hocracies leaping up spontaneously to attempt to meet a need.
Some are police. Some are, by strict definition, criminals. Some are political interest-groups. But every single group has that same quality of apparent spontaneity -- "Hey, gang! My uncle's got a barn -let's put on a show!"
Every one of these groups is embarrassed by this "amateurism," and, for the sake of their public image in a world of non-computer people, they all attempt to look as stern and formal and impressive as possible. These electronic frontier-dwellers resemble groups of nineteenth-century pioneers hankering after the respectability of statehood. There are however, two crucial differences in the historical experience of these "pioneers" of the nineteeth and twenty-first centuries.
First, powerful information technology *does* play into the hands of small, fluid, loosely organized groups. There have always been "pioneers," "hobbyists," "amateurs," "dilettantes," "volunteers," "movements," "users' groups" and "blue-ribbon panels of experts" around. But a group of this kind - when technically equipped to ship huge amounts of specialized information, at lightning speed, to its members, to government, and to the press -- is simply a different kind of animal. It's like the difference between an eel and an electric eel.
The second crucial change is that American society is currently in a state approaching permanent technological revolution. In the world of computers particularly, it is practically impossible to *ever* stop being a "pioneer," unless you either drop dead or deliberately jump off the bus. The scene has never slowed down enough to become well-institutionalized. And after twenty, thirty, forty years the "computer revolution" continues to spread, to permeate new corners of society. Anything that really works is already obsolete.
If you spend your entire working life as a "pioneer," the word "pioneer" begins to lose its meaning. Your way of life looks less and less like an introduction to "something else" more stable and organized, and more and more like *just the way things are.* A "permanent revolution" is really a contradiction in terms. If "turmoil" lasts long enough, it simply becomes *a new kind of society* -still the same game of history, but new players, new rules. Apply this to the world of late twentieth-century law enforcement, and the implications are novel and puzzling indeed. Any bureaucratic rulebook you write about computer-crime will be flawed when you write it, and almost an antique by the time it sees print. The fluidity and fast reactions of the FCIC give them a great advantage in this regard, which explains their success. Even with the best will in the world (which it does not, in fact, possess) it is impossible for an organization the size of the U.S. Federal Bureau of Investigation to get up to speed on the theory and practice of computer crime. If they tried to train all their agents to do this, it would be *suicidal,* as they would *never be able to do anything else.*
The FBI does try to train its agents in the basics of electronic crime, at their base in Quantico, Virginia. And the Secret Service, along with many other law enforcement groups, runs quite successful and well-attended training courses on wire fraud, business crime, and computer intrusion at the Federal Law Enforcement Training Center (FLETC, pronounced "fletsy") in Glynco, Georgia. But the best efforts of these bureaucracies does not remove the absolute need for a "cutting-edge mess" like the FCIC.
For you see -- the members of FCIC *are* the trainers of the rest of law enforcement. Practically and literally speaking, they are the Glynco computer- crime faculty by another name. If the FCIC went over a cliff on a bus, the U.S. law enforcement community would be rendered deaf dumb and blind in the world of computer crime, and would swiftly feel a desperate need to reinvent them. And this is no time to go starting from scratch.
On June 11, 1991, I once again arrived in Phoenix, Arizona, for the latest meeting of the Federal Computer Investigations Committee. This was more or less the twentieth meeting of this stellar group. The count was uncertain, since nobody could figure out whether to include the meetings of "the Colluquy," which is what the FCIC was called in the mid-1980s before it had even managed to obtain the dignity of its own acronym.
Since my last visit to Arizona, in May, the local AzScam bribery scandal had resolved itself in a general muddle of humiliation. The Phoenix chief of police, whose agents had videotaped nine state legislators up to no good, had resigned his office in a tussle with the Phoenix city council over the propriety of his undercover operations.
The Phoenix Chief could now join Gail Thackeray and eleven of her closest associates in the shared experience of politically motivated unemployment. As of June, resignations were still continuing at the Arizona Attorney General's office, which could be interpreted as either a New Broom Sweeping Clean or a Night of the Long Knives Part II, depending on your point of view.
The meeting of FCIC was held at the Scottsdale Hilton Resort. Scottsdale is a wealthy suburb of Phoenix, known as "Scottsdull" to scoffing local trendies, but well-equipped with posh shoppingmalls and manicured lawns, while conspicuously undersupplied with homeless derelicts. The Scottsdale Hilton Resort was a sprawling hotel in postmodern crypto-Southwestern style. It featured a "mission bell tower" plated in turquoise tile and vaguely resembling a Saudi minaret.
Inside it was all barbarically striped Santa Fe Style decor. There was a health spa downstairs and a large oddly-shaped pool in the patio. A poolside umbrella-stand offered Ben and Jerry's politically correct Peace Pops.
I registered as a member of FCIC, attaining a handy discount rate, then went in search of the Feds. Sure enough, at the back of the hotel grounds came the unmistakable sound of Gail Thackeray holding forth.
Since I had also attended the Computers Freedom and Privacy conference (about which more later), this was the second time I had seen Thackeray in a group of her law enforcement colleagues. Once again I was struck by how simply pleased they seemed to see her. It was natural that she'd get *some* attention, as Gail was one of two women in a group of some thirty men; but there was a lot more to it than that.
Gail Thackeray personifies the social glue of the FCIC. They could give a damn about her losing her job with the Attorney General. They were sorry about it, of course, but hell, they'd all lost jobs. If they were the kind of guys who liked steady boring jobs, they would never have gotten into computer work in the first place.
I wandered into her circle and was immediately introduced to five strangers. The conditions of my visit at FCIC were reviewed. I would not quote anyone directly. I would not tie opinions expressed to the agencies of the attendees. I would not (a purely hypothetical example) report the conversation of a guy from the Secret Service talking quite civilly to a guy from the FBI, as these two agencies *never* talk to each other, and the IRS (also present, also hypothetical) *never talks to anybody.*
Worse yet, I was forbidden to attend the first conference. And I didn't. I have no idea what the FCIC was up to behind closed doors that afternoon. I rather suspect that they were engaging in a frank and thorough confession of their errors, goof-ups and blunders, as this has been a feature of every FCIC meeting since their legendary Memphis beer bust of 1986. Perhaps the single greatest attraction of FCIC is that it is a place where you can go, let your hair down, and completely level with people who actually comprehend what you are talking about. Not only do they understand you, but they *really pay attention,* they are *grateful for your insights,* and they *forgive you,* which in nine cases out of ten is something even your boss can't do, because as soon as you start talking "ROM," "BBS," or "T-1 trunk," his eyes glaze over. I had nothing much to do that afternoon. The FCIC were beavering away in their conference room. Doors were firmly closed, windows too dark to peer through. I wondered what a real hacker, a computer intruder, would do at a meeting like this.
The answer came at once. He would "trash" the place. Not reduce the place to trash in some orgy of vandalism; that's not the use of the term in the hacker milieu. No, he would quietly *empty the trash baskets* and silently raid any valuable data indiscreetly thrown away.
Journalists have been known to do this. (Journalists hunting information have been known to do almost every single unethical thing that hackers have ever done. They also throw in a few awful techniques all their own.) The legality of 'trashing' is somewhat dubious but it is not in fact flagrantly illegal. It was, however, absurd to contemplate trashing the FCIC. These people knew all about trashing. I wouldn't last fifteen seconds.
The idea sounded interesting, though. I'd been hearing a lot about the practice lately. On the spur of the moment, I decided I would try trashing the office *across the hall* from the FCIC, an area which had nothing to do with the investigators.
The office was tiny; six chairs, a table.... Nevertheless, it was open, so I dug around in its plastic trash can.
To my utter astonishment, I came up with the torn scraps of a SPRINT long-distance phone bill. More digging produced a bank statement and the scraps of a hand-written letter, along with gum, cigarette ashes, candy wrappers and a day-old-issue of USA TODAY.
The trash went back in its receptacle while the scraps of data went into my travel bag. I detoured through the hotel souvenir shop for some Scotch tape and went up to my room.
Coincidence or not, it was quite true. Some poor soul had, in fact, thrown a SPRINT bill into the hotel's trash. Date May 1991, total amount due: $252.36. Not a business phone, either, but a residential bill, in the name of someone called Evelyn (not her real name). Evelyn's records showed a ## PAST DUE BILL ##! Here was her nine-digit account ID. Here was a stern computer-printed warning: "TREAT YOUR FONCARD AS YOU WOULD ANY CREDIT CARD. TO SECURE AGAINST FRAUD, NEVER GIVE YOUR FONCARD NUMBER OVER THE PHONE UNLESS YOU INITIATED THE CALL. IF YOU RECEIVE SUSPICIOUS CALLS PLEASE NOTIFY CUSTOMER SERVICE IMMEDIATELY!"
I examined my watch. Still plenty of time left for the FCIC to carry on. I sorted out the scraps of Evelyn's SPRINT bill and re-assembled them with fresh Scotch tape. Here was her ten-digit FONCARD number. Didn't seem to have the ID number necessary to cause real fraud trouble.
I did, however, have Evelyn's home phone number. And the phone numbers for a whole crowd of Evelyn's long-distance friends and acquaintances. In San Diego, Folsom, Redondo, Las Vegas, La Jolla, Topeka, and Northampton Massachusetts. Even somebody in Australia!
I examined other documents. Here was a bank statement. It was Evelyn's IRA account down at a bank in San Mateo California (total balance $1877.20). Here was a charge-card bill for $382.64. She was paying it off bit by bit.
Driven by motives that were completely unethical and prurient, I now examined the handwritten notes. They had been torn fairly thoroughly, so much so that it took me almost an entire five minutes to reassemble them.
They were drafts of a love letter. They had been written on the lined stationery of Evelyn's employer, a biomedical company. Probably written at work when she should have been doing something else.
"Dear Bob," (not his real name) "I guess in everyone's life there comes a time when hard decisions have to be made, and this is a difficult one for me -- very upsetting. Since you haven't called me, and I don't understand why, I can only surmise it's because you don't want to. I thought I would have heard from you Friday. I did have a few unusual problems with my phone and possibly you tried, I hope so.
"Robert, you asked me to 'let go'..."
The first note ended. *Unusual problems with her phone?* I looked swiftly at the next note. "Bob, not hearing from you for the whole weekend has left me very perplexed..."
Next draft. "Dear Bob, there is so much I don't understand right now, and I wish I did. I wish I could talk to you, but for some unknown reason you have elected not to call -- this is so difficult for me to understand..."
She tried again.
"Bob, Since I have always held you in such high esteem, I had every hope that we could remain good friends, but now one essential ingredient is missing - respect. Your ability to discard people when their purpose is served is appalling to me. The kindest thing you could do for me now is to leave me alone. You are no longer welcome in my heart or home..."
Try again.
"Bob, I wrote a very factual note to you to say how much respect I had lost for you, by the way you treat people, me in particular, so uncaring and cold. The kindest thing you can do for me is to leave me alone entirely, as you are no longer welcome in my heart or home. I would appreciate it if you could retire your debt to me as soon as possible -- I wish no link to you in any way. Sincerely, Evelyn."
Good heavens, I thought, the bastard actually owes her money! I turned to the next page.
"Bob: very simple. GOODBYE! No more mind games -- no more fascination -- no more coldness -no more respect for you! It's over -- Finis. Evie"
There were two versions of the final brushoff letter, but they read about the same. Maybe she hadn't sent it. The final item in my illicit and shameful booty was an envelope addressed to "Bob" at his home address, but it had no stamp on it and it hadn't been mailed.
Maybe she'd just been blowing off steam because her rascal boyfriend had neglected to call her one weekend. Big deal. Maybe they'd kissed and made up, maybe she and Bob were down at Pop's Chocolate Shop now, sharing a malted. Sure.
Easy to find out. All I had to do was call Evelyn up. With a half-clever story and enough brass- plated gall I could probably trick the truth out of her. Phone-phreaks and hackers deceive people over the phone all the time. It's called "social engineering." Social engineering is a very common practice in the underground, and almost magically effective. Human beings are almost always the weakest link in computer security. The simplest way to learn Things You Are Not Meant To Know is simply to call up and exploit the knowledgeable people. With social engineering, you use the bits of specialized knowledge you already have as a key, to manipulate people into believing that you are legitimate. You can then coax, flatter, or frighten them into revealing almost anything you want to know. Deceiving people (especially over the phone) is easy and fun. Exploiting their gullibility is very gratifying; it makes you feel very superior to them. If I'd been a malicious hacker on a trashing raid, I would now have Evelyn very much in my power. Given all this inside data, it wouldn't take much effort at all to invent a convincing lie. If I were ruthless enough, and jaded enough, and clever enough, this momentary indiscretion of hers -maybe committed in tears, who knows -- could cause her a whole world of confusion and grief.
I didn't even have to have a *malicious* motive. Maybe I'd be "on her side," and call up Bob instead, and anonymously threaten to break both his kneecaps if he didn't take Evelyn out for a steak dinner pronto. It was still profoundly *none of my business.* To have gotten this knowledge at all was a sordid act and to use it would be to inflict a sordid injury.
To do all these awful things would require exactly zero high-tech expertise. All it would take was the willingness to do it and a certain amount of bent imagination. I went back downstairs. The hard-working FCIC, who had labored forty-five minutes over their schedule, were through for the day, and adjourned to the hotel bar. We all had a beer.
I had a chat with a guy about "Isis," or rather IACIS, the International Association of Computer Investigation Specialists. They're into "computer forensics," the techniques of picking computersystems apart without destroying vital evidence. IACIS, currently run out of Oregon, is comprised of investigators in the U.S., Canada, Taiwan and Ireland. "Taiwan and Ireland?" I said. Are *Taiwan* and *Ireland* really in the forefront of this stuff? Well not exactly, my informant admitted. They just happen to have been the first ones to have caught on by word of mouth. Still, the international angle counts, because this is obviously an international problem. Phone-lines go everywhere.
There was a Mountie here from the Royal Canadian Mounted Police. He seemed to be having quite a good time. Nobody had flung this Canadian out because he might pose a foreign security risk. These are cyberspace cops. They still worry a lot about "jurisdictions," but mere geography is the least of their troubles. NASA had failed to show. NASA suffers a lot from computer intrusions, in particular from Australian raiders and a well-trumpeted Chaos Computer Club case, and in 1990 there was a brief press flurry when it was revealed that one of NASA's Houston branch-exchanges had been systematically ripped off by a gang of phone-phreaks. But the NASA guys had had their funding cut. They were stripping everything.
Air Force OSI, its Office of Special Investigations, is the *only* federal entity dedicated full-time to computer security. They'd been expected to show up in force, but some of them had cancelled -- a Pentagon budget pinch.
As the empties piled up, the guys began joshing around and telling war- stories. "These are cops," Thackeray said tolerantly. "If they're not talking shop they talk about women and beer."
I heard the story about the guy who, asked for "a copy" of a computer disk, *photocopied the label on it.* He put the floppy disk onto the glass plate of a photocopier. The blast of static when the copier worked completely erased all the real information on the disk.
Some other poor souls threw a whole bag of confiscated diskettes into the squad-car trunk next to the police radio. The powerful radio signal blasted them, too. We heard a bit about Dave Geneson, the first computer prosecutor, a mainframe-runner in Dade County, turned lawyer. Dave Geneson was one guy who had hit the ground running, a signal virtue in making the transition to computer-crime. It was generally agreed that it was easier to learn the world of computers first, then police or prosecutorial work. You could take certain computer people and train 'em to successful police work -- but of course they had to have the *cop mentality.* They had to have street smarts. Patience. Persistence. And discretion. You've got to make sure they're not hotshots, show-offs, "cowboys."
Most of the folks in the bar had backgrounds in military intelligence, or drugs, or homicide. It was rudely opined that "military intelligence" was a contradiction in terms, while even the grisly world of homicide was considered cleaner than drug enforcement. One guy had been 'way undercover doing dope- work in Europe for four years straight. "I'm almost recovered now," he said deadpan, with the acid black humor that is pure cop. "Hey, now I can say *fucker* without putting *mother* in front of it."
"In the cop world," another guy said earnestly, "everything is good and bad, black and white. In the computer world everything is gray."
One guy -- a founder of the FCIC, who'd been with the group since it was just the Colluquy -described his own introduction to the field. He'd been a Washington DC homicide guy called in on a "hacker" case. From the word "hacker," he naturally assumed he was on the trail of a knife-wielding marauder, and went to the computer center expecting blood and a body. When he finally figured out what was happening there (after loudly demanding, in vain, that the programmers "speak English"), he called headquarters and told them he was clueless about computers. They told him nobody else knew diddly either, and to get the hell back to work.
So, he said, he had proceeded by comparisons. By analogy. By metaphor. "Somebody broke in to your computer, huh?" Breaking and entering; I can understand that. How'd he get in? "Over the phonelines." Harassing phone-calls, I can understand that! What we need here is a tap and a trace!
It worked. It was better than nothing. And it worked a lot faster when he got hold of another cop who'd done something similar. And then the two of them got another, and another, and pretty soon the Colluquy was a happening thing. It helped a lot that everybody seemed to know Carlton Fitzpatrick, the data-processing trainer in Glynco.
The ice broke big-time in Memphis in '86. The Colluquy had attracted a bunch of new guys -- Secret Service, FBI, military, other feds, heavy guys. Nobody wanted to tell anybody anything. They suspected that if word got back to the home office they'd all be fired. They passed an uncomfortably guarded afternoon.
The formalities got them nowhere. But after the formal session was over, the organizers brought in a case of beer. As soon as the participants knocked it off with the bureaucratic ranks and turf-fighting, everything changed. "I bared my soul," one veteran reminisced proudly. By nightfall they were building pyramids of empty beer-cans and doing everything but composing a team fight song.
FCIC were not the only computer-crime people around. There was DATTA (District Attorneys' Technology Theft Association), though they mostly specialized in chip theft, intellectual property, and black-market cases. There was HTCIA (High Tech Computer Investigators Association), also out in Silicon Valley, a year older than FCIC and featuring brilliant people like Donald Ingraham. There was LEETAC (Law Enforcement Electronic Technology Assistance Committee) in Florida, and computercrime units in Illinois and Maryland and Texas and Ohio and Colorado and Pennsylvania. But these were local groups. FCIC were the first to really network nationally and on a federal level.
FCIC people live on the phone lines. Not on bulletin board systems -- they know very well what boards are, and they know that boards aren't secure. Everyone in the FCIC has a voice-phone bill like you wouldn't believe. FCIC people have been tight with the telco people for a long time. Telephone cyberspace is their native habitat.
FCIC has three basic sub-tribes: the trainers, the security people, and the investigators. That's why it's called an "Investigations Committee" with no mention of the term "computer-crime" -- the dreaded "C-word." FCIC, officially, is "an association of agencies rather than individuals;" unofficially, this field is small enough that the influence of individuals and individual expertise is paramount. Attendance is by invitation only, and most everyone in FCIC considers himself a prophet without honor in his own house.
Again and again I heard this, with different terms but identical sentiments. "I'd been sitting in the wilderness talking to myself." "I was totally isolated." "I was desperate." "FCIC is the best thing there is about computer crime in America." "FCIC is what really works." "This is where you hear real people telling you what's really happening out there, not just lawyers picking nits." "We taught each other everything we knew."
The sincerity of these statements convinces me that this is true. FCIC is the real thing and it is invaluable. It's also very sharply at odds with the rest of the traditions and power structure in American law enforcement. There probably hasn't been anything around as loose and go-getting as the FCIC since the start of the U.S. Secret Service in the 1860s. FCIC people are living like twenty-firstcentury people in a twentieth-century environment, and while there's a great deal to be said for that, there's also a great deal to be said against it, and those against it happen to control the budgets. I listened to two FCIC guys from Jersey compare life histories. One of them had been a biker in a fairly heavy- duty gang in the 1960s. "Oh, did you know so-and-so?" said the other guy from Jersey. "Big guy, heavyset?"
"Yeah, I knew him."
"Yeah, he was one of ours. He was our plant in the gang."
"Really? Wow! Yeah, I knew him. Helluva guy."
Thackeray reminisced at length about being tear-gassed blind in the November 1969 antiwar protests in Washington Circle, covering them for her college paper. "Oh yeah, I was there," said another cop. "Glad to hear that tear gas hit somethin'. Haw haw haw." He'd been so blind himself, he confessed, that later that day he'd arrested a small tree.
FCIC are an odd group, sifted out by coincidence and necessity, and turned into a new kind of cop. There are a lot of specialized cops in the world -- your bunco guys, your drug guys, your tax guys, but the only group that matches FCIC for sheer isolation are probably the child-pornography people. Because they both deal with conspirators who are desperate to exchange forbidden data and also desperate to hide; and because nobody else in law enforcement even wants to hear about it.
FCIC people tend to change jobs a lot. They tend not to get the equipment and training they want and need. And they tend to get sued quite often.
As the night wore on and a band set up in the bar, the talk grew darker. Nothing ever gets done in government, someone opined, until there's a *disaster.* Computing disasters are awful, but there's no denying that they greatly help the credibility of FCIC people. The Internet Worm, for instance. "For years we'd been warning about that -but it's nothing compared to what's coming." They expect horrors, these people. They know that nothing will really get done until there is a horror.
6.
Next day we heard an extensive briefing from a guy who'd been a computer cop, gotten into hot water with an Arizona city council, and now installed computer networks for a living (at a considerable rise in pay). He talked about pulling fiber-optic networks apart.
Even a single computer, with enough peripherals, is a literal "network" -- a bunch of machines all cabled together, generally with a complexity that puts stereo units to shame. FCIC people invent and publicize methods of seizing computers and maintaining their evidence. Simple things, sometimes, but vital rules of thumb for street cops, who nowadays often stumble across a busy computer in the midst of a drug investigation or a white-collar bust. For instance: Photograph the system before you touch it. Label the ends of all the cables before you detach anything. "Park" the heads on the disk drives before you move them. Get the diskettes. Don't put the diskettes in magnetic fields. Don't write on diskettes with ballpoint pens. Get the manuals. Get the printouts. Get the handwritten notes. Copy data before you look at it, and then examine the copy instead of the original. Now our lecturer distributed copied diagrams of a typical LAN or "Local Area Network", which happened to be out of Connecticut. *One hundred and fifty-nine* desktop computers, each with its own peripherals. Three "file servers." Five "star couplers" each with thirty-two ports. One sixteenport coupler off in the corner office. All these machines talking to each other, distributing electronic mail, distributing software, distributing, quite possibly, criminal evidence. All linked by highcapacity fiber- optic cable. A bad guy -- cops talk a lot about "bad guys" -- might be lurking on PC #47 or #123 and distributing his ill doings onto some dupe's "personal" machine in another office -- or another floor -- or, quite possibly, two or three miles away! Or, conceivably, the evidence might be "data-striped" -- split up into meaningless slivers stored, one by one, on a whole crowd of different disk drives.
The lecturer challenged us for solutions. I for one was utterly clueless. As far as I could figure, the Cossacks were at the gate; there were probably more disks in this single building than were seized during the entirety of Operation Sundevil.
"Inside informant," somebody said. Right. There's always the human angle, something easy to forget when contemplating the arcane recesses of high technology. Cops are skilled at getting people to talk, and computer people, given a chair and some sustained attention, will talk about their computers till their throats go raw. There's a case on record of a single question -- "How'd you do it?" -eliciting a forty-five-minute videotaped confession from a computer criminal who not only completely incriminated himself but drew helpful diagrams.
Computer people talk. Hackers *brag.* Phonephreaks talk *pathologically* -- why else are they stealing phone-codes, if not to natter for ten hours straight to their friends on an opposite seaboard? Computer-literate people do in fact possess an arsenal of nifty gadgets and techniques that would allow them to conceal all kinds of exotic skullduggery, and if they could only *shut up* about it, they could probably get away with all manner of amazing information-crimes. But that's just not how it works -- or at least, that's not how it's worked *so far.*
Most every phone-phreak ever busted has swiftly implicated his mentors, his disciples, and his friends. Most every white-collar computer-criminal, smugly convinced that his clever scheme is bulletproof, swiftly learns otherwise when, for the first time in his life, an actual no-kidding policeman leans over, grabs the front of his shirt, looks him right in the eye and says: "All right, *asshole* -- you and me are going downtown!" All the hardware in the world will not insulate your nerves from these actual real-life sensations of terror and guilt.
Cops know ways to get from point A to point Z without thumbing through every letter in some smart-ass bad-guy's alphabet. Cops know how to cut to the chase. Cops know a lot of things other people don't know.
Hackers know a lot of things other people don't know, too. Hackers know, for instance, how to sneak into your computer through the phone-lines. But cops can show up *right on your doorstep* and carry off *you* and your computer in separate steel boxes. A cop interested in hackers can grab them and grill them. A hacker interested in cops has to depend on hearsay, underground legends, and what cops are willing to publicly reveal. And the Secret Service didn't get named "the *Secret* Service" because they blab a lot. Some people, our lecturer informed us, were under the mistaken impression that it was "impossible" to tap a fiber-optic line. Well, he announced, he and his son had just whipped up a fiber-optic tap in his workshop at home. He passed it around the audience, along with a circuit-covered LAN plug-in card so we'd all recognize one if we saw it on a case. We all had a look.
The tap was a classic "Goofy Prototype" -- a thumb-length rounded metal cylinder with a pair of plastic brackets on it. From one end dangled three thin black cables, each of which ended in a tiny black plastic cap. When you plucked the safety-cap off the end of a cable, you could see the glass fiber - no thicker than a pinhole.
Our lecturer informed us that the metal cylinder was a "wavelength division multiplexer." Apparently, what one did was to cut the fiber-optic cable, insert two of the legs into the cut to complete the network again, and then read any passing data on the line by hooking up the third leg to some kind of monitor. Sounded simple enough. I wondered why nobody had thought of it before. I also wondered whether this guy's son back at the workshop had any teenage friends.
We had a break. The guy sitting next to me was wearing a giveaway baseball cap advertising the Uzi submachine gun. We had a desultory chat about the merits of Uzis. Long a favorite of the Secret Service, it seems Uzis went out of fashion with the advent of the Persian Gulf War, our Arab allies taking some offense at Americans toting Israeli weapons. Besides, I was informed by another expert, Uzis jam. The equivalent weapon of choice today is the Heckler & Koch, manufactured in Germany.
The guy with the Uzi cap was a forensic photographer. He also did a lot of photographic surveillance work in computer crime cases. He used to, that is, until the firings in Phoenix. He was now a private investigator and, with his wife, ran a photography salon specializing in weddings and portrait photos. At - - one must repeat -- a considerable rise in income. He was still FCIC. If you were FCIC, and you needed to talk to an expert about forensic photography, well, there he was, willing and able. If he hadn't shown up, people would have missed him.
Our lecturer had raised the point that preliminary investigation of a computer system is vital before any seizure is undertaken. It's vital to understand how many machines are in there, what kinds there are, what kind of operating system they use, how many people use them, where the actual data itself is stored. To simply barge into an office demanding "all the computers" is a recipe for swift disaster.
This entails some discreet inquiries beforehand. In fact, what it entails is basically undercover work. An intelligence operation. *Spying,* not to put too fine a point on it.
In a chat after the lecture, I asked an attendee whether "trashing" might work.
I received a swift briefing on the theory and practice of "trash covers." Police "trash covers," like "mail covers" or like wiretaps, require the agreement of a judge. This obtained, the "trashing" work of cops is just like that of hackers, only more so and much better organized. So much so, I was informed, that mobsters in Phoenix make extensive use of locked garbage cans picked up by a specialty high-security trash company.
In one case, a tiger team of Arizona cops had trashed a local residence for four months. Every week they showed up on the municipal garbage truck, disguised as garbagemen, and carried the contents of the suspect cans off to a shade tree, where they combed through the garbage -- a messy task, especially considering that one of the occupants was undergoing kidney dialysis. All useful documents were cleaned, dried and examined. A discarded typewriter-ribbon was an especially valuable source of data, as its long onestrike ribbon of film contained the contents of every letter mailed out of the house. The letters were neatly retyped by a police secretary equipped with a large desk-mounted magnifying glass.
There is something weirdly disquieting about the whole subject of "trashing" -- an unsuspected and indeed rather disgusting mode of deep personal vulnerability. Things that we pass by every day, that we take utterly for granted, can be exploited with so little work. Once discovered, the knowledge of these vulnerabilities tend to spread.
Take the lowly subject of *manhole covers.* The humble manhole cover reproduces many of the dilemmas of computer-security in miniature. Manhole covers are, of course, technological artifacts, access-points to our buried urban infrastructure. To the vast majority of us, manhole covers are invisible. They are also vulnerable. For many years now, the Secret Service has made a point of caulking manhole covers along all routes of the Presidential motorcade. This is, of course, to deter terrorists from leaping out of underground ambush or, more likely, planting remote-control carsmashing bombs beneath the street.
Lately, manhole covers have seen more and more criminal exploitation, especially in New York City. Recently, a telco in New York City discovered that a cable television service had been sneaking into telco manholes and installing cable service alongside the phone-lines -- *without paying royalties.* New York companies have also suffered a general plague of (a) underground copper cable theft; (b) dumping of garbage, including toxic waste, and (c) hasty dumping of murder victims.
Industry complaints reached the ears of an innovative New England industrial-security company, and the result was a new product known as "the Intimidator," a thick titanium-steel bolt with a precisely machined head that requires a special device to unscrew. All these "keys" have registered serial numbers kept on file with the manufacturer. There are now some thousands of these "Intimidator" bolts being sunk into American pavements wherever our President passes, like some macabre parody of strewn roses. They are also spreading as fast as steel dandelions around US military bases and many centers of private industry.
Quite likely it has never occurred to you to peer under a manhole cover, perhaps climb down and walk around down there with a flashlight, just to see what it's like. Formally speaking, this might be trespassing, but if you didn't hurt anything, and didn't make an absolute habit of it, nobody would really care. The freedom to sneak under manholes was likely a freedom you never intended to exercise.
You now are rather less likely to have that freedom at all. You may never even have missed it until you read about it here, but if you're in New York City it's gone, and elsewhere it's likely going. This is one of the things that crime, and the reaction to crime, does to us.
The tenor of the meeting now changed as the Electronic Frontier Foundation arrived. The EFF, whose personnel and history will be examined in detail in the next chapter, are a pioneering civil liberties group who arose in direct response to the Hacker Crackdown of 1990.
Now Mitchell Kapor, the Foundation's president, and Michael Godwin, its chief attorney, were confronting federal law enforcement *mano a mano* for the first time ever. Ever alert to the manifold uses of publicity, Mitch Kapor and Mike Godwin had brought their own journalist in tow: Robert Draper, from Austin, whose recent wellreceived book about ROLLING STONE magazine was still on the stands. Draper was on assignment for TEXAS MONTHLY.
The Steve Jackson/EFF civil lawsuit against the Chicago Computer Fraud and Abuse Task Force was a matter of considerable regional interest in Texas. There were now two Austinite journalists here on the case. In fact, counting Godwin (a former Austinite and former journalist) there were three of us. Lunch was like Old Home Week.
Later, I took Draper up to my hotel room. We had a long frank talk about the case, networking earnestly like a miniature freelance-journo version of the FCIC: privately confessing the numerous blunders of journalists covering the story, and trying hard to figure out who was who and what the hell was really going on out there. I showed Draper everything I had dug out of the Hilton trashcan. We pondered the ethics of "trashing" for a while, and agreed that they were dismal. We also agreed that finding a SPRINT bill on your first time out was a heck of a coincidence.
First I'd "trashed" -- and now, mere hours later, I'd bragged to someone else. Having entered the lifestyle of hackerdom, I was now, unsurprisingly, following its logic. Having discovered something remarkable through a surreptitious action, I of course *had* to "brag," and to drag the passing Draper into my iniquities. I felt I needed a witness. Otherwise nobody would have believed what I'd discovered....
Back at the meeting, Thackeray cordially, if rather tentatively, introduced Kapor and Godwin to her colleagues. Papers were distributed. Kapor took center stage. The brilliant Bostonian high-tech entrepreneur, normally the hawk in his own administration and quite an effective public speaker, seemed visibly nervous, and frankly admitted as much. He began by saying he consided computer-intrusion to be morally wrong, and that the EFF was not a "hacker defense fund," despite what had appeared in print. Kapor chatted a bit about the basic motivations of his group, emphasizing their good faith and willingness to listen and seek common ground with law enforcement -- when, er, possible.
Then, at Godwin's urging, Kapor suddenly remarked that EFF's own Internet machine had been "hacked" recently, and that EFF did not consider this incident amusing.
After this surprising confession, things began to loosen up quite rapidly. Soon Kapor was fielding questions, parrying objections, challenging definitions, and juggling paradigms with something akin to his usual gusto.
Kapor seemed to score quite an effect with his shrewd and skeptical analysis of the merits of telco "Caller-ID" services. (On this topic, FCIC and EFF have never been at loggerheads, and have no particular established earthworks to defend.) Caller-ID has generally been promoted as a privacy service for consumers, a presentation Kapor described as a "smokescreen," the real point of Caller-ID being to *allow corporate customers to build extensive commercial databases on everybody who phones or faxes them.* Clearly, few people in the room had considered this possibility, except perhaps for two late- arrivals from US WEST RBOC security, who chuckled nervously.
Mike Godwin then made an extensive presentation on "Civil Liberties Implications of Computer Searches and Seizures." Now, at last, we were getting to the real nitty-gritty here, real political horse-trading. The audience listened with close attention, angry mutters rising occasionally: "He's trying to teach us our jobs!" "We've been thinking about this for years! We think about these issues every day!" "If I didn't seize the works, I'd be sued by the guy's victims!" "I'm violating the law if I leave ten thousand disks full of illegal *pirated software* and *stolen codes!*" "It's our job to make sure people don't trash the Constitution -- we're the *defenders* of the Constitution!" "We seize stuff when we know it will be forfeited anyway as restitution for the victim!"
"If it's forfeitable, then don't get a search warrant, get a forfeiture warrant," Godwin suggested coolly. He further remarked that most suspects in computer crime don't *want* to see their computers vanish out the door, headed God knew where, for who knows how long. They might not mind a search, even an extensive search, but they want their machines searched on-site. "Are they gonna feed us?" somebody asked sourly. "How about if you take copies of the data?" Godwin parried.
"That'll never stand up in court." "Okay, you make copies, give *them* the copies, and take the originals."
Hmmm.
Godwin championed bulletin-board systems as repositories of First Amendment protected free speech. He complained that federal computercrime training manuals gave boards a bad press, suggesting that they are hotbeds of crime haunted by pedophiles and crooks, whereas the vast majority of the nation's thousands of boards are completely innocuous, and nowhere near so romantically suspicious.
People who run boards violently resent it when their systems are seized, and their dozens (or hundreds) of users look on in abject horror. Their rights of free expression are cut short. Their right to associate with other people is infringed. And their privacy is violated as their private electronic mail becomes police property.
Not a soul spoke up to defend the practice of seizing boards. The issue passed in chastened silence. Legal principles aside -- (and those principles cannot be settled without laws passed or court precedents) -- seizing bulletin boards has become public-relations poison for American computer police.
And anyway, it's not entirely necessary. If you're a cop, you can get 'most everything you need from a pirate board, just by using an inside informant. Plenty of vigilantes -- well, *concerned citizens* -will inform police the moment they see a pirate board hit their area (and will tell the police all about it, in such technical detail, actually, that you kinda wish they'd shut up). They will happily supply police with extensive downloads or printouts. It's *impossible* to keep this fluid electronic information out of the hands of police. Some people in the electronic community become enraged at the prospect of cops "monitoring" bulletin boards. This does have touchy aspects, as Secret Service people in particular examine bulletin boards with some regularity. But to expect electronic police to be deaf dumb and blind in regard to this particular medium rather flies in the face of common sense. Police watch television, listen to radio, read newspapers and magazines; why should the new medium of boards be different? Cops can exercise the same access to electronic information as everybody else. As we have seen, quite a few computer police maintain *their own* bulletin boards, including anti-hacker "sting" boards, which have generally proven quite effective.
As a final clincher, their Mountie friends in Canada (and colleagues in Ireland and Taiwan) don't have First Amendment or American constitutional restrictions, but they do have phone lines, and can call any bulletin board in America whenever they please. The same technological determinants that play into the hands of hackers, phone phreaks and software pirates can play into the hands of police. "Technological determinants" don't have *any* human allegiances. They're not black or white, or Establishment or Underground, or pro-or-anti anything.
Godwin complained at length about what he called "the Clever Hobbyist hypothesis" -- the assumption that the "hacker" you're busting is clearly a technical genius, and must therefore by searched with extreme thoroughness. So: from the law's point of view, why risk missing anything? Take the works. Take the guy's computer. Take his books. Take his notebooks. Take the electronic drafts of his love letters. Take his Walkman. Take his wife's computer. Take his dad's computer. Take his kid sister's computer. Take his employer's computer. Take his compact disks -- they *might* be CD-ROM disks, cunningly disguised as pop music. Take his laser printer -- he might have hidden something vital in the printer's 5meg of memory. Take his software manuals and hardware documentation. Take his science-fiction novels and his simulationgaming books. Take his Nintendo Game-Boy and his Pac-Man arcade game. Take his answering machine, take his telephone out of the wall. Take anything remotely suspicious.
Godwin pointed out that most "hackers" are not, in fact, clever genius hobbyists. Quite a few are crooks and grifters who don't have much in the way of technical sophistication; just some rule-of-thumb rip-off techniques. The same goes for most fifteenyear-olds who've downloaded a code-scanning program from a pirate board. There's no real need to seize everything in sight. It doesn't require an entire computer system and ten thousand disks to prove a case in court.
What if the computer is the instrumentality of a crime? someone demanded.
Godwin admitted quietly that the doctrine of seizing the instrumentality of a crime was pretty well established in the American legal system. The meeting broke up. Godwin and Kapor had to leave. Kapor was testifying next morning before the Massachusetts Department Of Public Utility, about ISDN narrowband wide-area networking.
As soon as they were gone, Thackeray seemed elated. She had taken a great risk with this. Her colleagues had not, in fact, torn Kapor and Godwin's heads off. She was very proud of them, and told them so.
"Did you hear what Godwin said about *instrumentality of a crime?*" she exulted, to nobody in particular. "Wow, that means *Mitch isn't going to sue me."
7.
America's computer police are an interesting group. As a social phenomenon they are far more interesting, and far more important, than teenage phone phreaks and computer hackers. First, they're older and wiser; not dizzy hobbyists with leaky morals, but seasoned adult professionals with all the responsibilities of public service. And, unlike hackers, they possess not merely *technical* power alone, but heavy-duty legal and social authority.
And, very interestingly, they are just as much at sea in cyberspace as everyone else. They are not happy about this. Police are authoritarian by nature, and prefer to obey rules and precedents. (Even those police who secretly enjoy a fast ride in rough territory will soberly disclaim any "cowboy" attitude.) But in cyberspace there *are* no rules and precedents. They are groundbreaking pioneers, Cyberspace Rangers, whether they like it or not.
In my opinion, any teenager enthralled by computers, fascinated by the ins and outs of computer security, and attracted by the lure of specialized forms of knowledge and power, would do well to forget all about "hacking" and set his (or her) sights on becoming a fed. Feds can trump hackers at almost every single thing hackers do, including gathering intelligence, undercover disguise, trashing, phone-tapping, building dossiers, networking, and infiltrating computer systems -*criminal* computer systems. Secret Service agents know more about phreaking, coding and carding than most phreaks can find out in years, and when it comes to viruses, break-ins, software bombs and trojan horses, Feds have direct access to red-hot confidential information that is only vague rumor in the underground.
And if it's an impressive public rep you're after, there are few people in the world who can be so chillingly impressive as a well-trained, well-armed United States Secret Service agent. Of course, a few personal sacrifices are necessary in order to obtain that power and knowledge. First, you'll have the galling discipline of belonging to a large organization; but the world of computer crime is still so small, and so amazingly fast-moving, that it will remain spectacularly fluid for years to come. The second sacrifice is that you'll have to give up ripping people off. This is not a great loss. Abstaining from the use of illegal drugs, also necessary, will be a boon to your health.
A career in computer security is not a bad choice for a young man or woman today. The field will almost certainly expand drastically in years to come. If you are a teenager today, by the time you become a professional, the pioneers you have read about in this book will be the grand old men and women of the field, swamped by their many disciples and successors. Of course, some of them, like William P. Wood of the 1865 Secret Service, may well be mangled in the whirring machinery of legal controversy; but by the time you enter the computer-crime field, it may have stabilized somewhat, while remaining entertainingly challenging.
But you can't just have a badge. You have to win it. First, there's the federal law enforcement training. And it's hard -- it's a challenge. A real challenge -- not for wimps and rodents.
Every Secret Service agent must complete gruelling courses at the Federal Law Enforcement Training Center. (In fact, Secret Service agents are periodically re-trained during their entire careers.) In order to get a glimpse of what this might be like, I myself travelled to FLETC.
8.
The Federal Law Enforcement Training Center is a 1500-acre facility on Georgia's Atlantic coast. It's a milieu of marshgrass, seabirds, damp, clinging sea-breezes, palmettos, mosquitos, and bats. Until 1974, it was a Navy Air Base, and still features a working runway, and some WWII vintage blockhouses and officers' quarters. The Center has since benefitted by a forty-million-dollar retrofit, but there's still enough forest and swamp on the facility for the Border Patrol to put in tracking practice.
As a town, "Glynco" scarcely exists. The nearest real town is Brunswick, a few miles down Highway 17, where I stayed at the aptly named Marshview Holiday Inn. I had Sunday dinner at a seafood restaurant called "Jinright's," where I feasted on deep-fried alligator tail. This local favorite was a heaped basket of bite-sized chunks of white, tender, almost fluffy reptile meat, steaming in a peppered batter crust. Alligator makes a culinary experience that's hard to forget, especially when liberally basted with homemade cocktail sauce from a Jinright squeeze-bottle.
The crowded clientele were tourists, fishermen, local black folks in their Sunday best, and white Georgian locals who all seemed to bear an uncanny resemblance to Georgia humorist Lewis Grizzard. The 2,400 students from 75 federal agencies who make up the FLETC population scarcely seem to make a dent in the low-key local scene. The students look like tourists, and the teachers seem to have taken on much of the relaxed air of the Deep South. My host was Mr. Carlton Fitzpatrick, the Program Coordinator of the Financial Fraud Institute. Carlton Fitzpatrick is a mustached, sinewy, well-tanned Alabama native somewhere near his late forties, with a fondness for chewing tobacco, powerful computers, and salty, down-home homilies. We'd met before, at FCIC in Arizona.
The Financial Fraud Institute is one of the nine divisions at FLETC. Besides Financial Fraud, there's Driver & Marine, Firearms, and Physical Training. These are specialized pursuits. There are also five general training divisions: Basic Training, Operations, Enforcement Techniques, Legal Division, and Behavioral Science.
Somewhere in this curriculum is everything necessary to turn green college graduates into federal agents. First they're given ID cards. Then they get the rather miserable-looking blue coveralls known as "smurf suits." The trainees are assigned a barracks and a cafeteria, and immediately set on FLETC's bone- grinding physical training routine. Besides the obligatory daily jogging -- (the trainers run up danger flags beside the track when the humidity rises high enough to threaten heat stroke) - there's the Nautilus machines, the martial arts, the survival skills....
The eighteen federal agencies who maintain onsite academies at FLETC employ a wide variety of specialized law enforcement units, some of them rather arcane. There's Border Patrol, IRS Criminal Investigation Division, Park Service, Fish and Wildlife, Customs, Immigration, Secret Service and the Treasury's uniformed subdivisions.... If you're a federal cop and you don't work for the FBI, you train at FLETC. This includes people as apparently obscure as the agents of the Railroad Retirement Board Inspector General. Or the Tennessee Valley Authority Police, who are in fact federal police officers, and can and do arrest criminals on the federal property of the Tennessee Valley Authority.
And then there are the computer-crime people. All sorts, all backgrounds. Mr. Fitzpatrick is not jealous of his specialized knowledge. Cops all over, in every branch of service, may feel a need to learn what he can teach. Backgrounds don't matter much. Fitzpatrick himself was originally a Border Patrol veteran, then became a Border Patrol instructor at FLETC. His Spanish is still fluent -- but he found himself strangely fascinated when the first computers showed up at the Training Center. Fitzpatrick did have a background in electrical engineering, and though he never considered himself a computer hacker, he somehow found himself writing useful little programs for this new and promising gizmo.
He began looking into the general subject of computers and crime, reading Donn Parker's books and articles, keeping an ear cocked for war stories, useful insights from the field, the up-and-coming people of the local computer- crime and hightechnology units.... Soon he got a reputation around FLETC as the resident "computer expert," and that reputation alone brought him more exposure, more experience -- until one day he looked around, and sure enough he *was* a federal computer-crime expert.
In fact, this unassuming, genial man may be *the* federal computer- crime expert. There are plenty of very good computer people, and plenty of very good federal investigators, but the area where these worlds of expertise overlap is very slim. And Carlton Fitzpatrick has been right at the center of that since 1985, the first year of the Colluquy, a group which owes much to his influence.
He seems quite at home in his modest, acoustic-tiled office, with its Ansel Adams-style Western photographic art, a gold-framed Senior Instructor Certificate, and a towering bookcase crammed with three-ring binders with ominous titles such as *Datapro Reports on Information Security* and *CFCA Telecom Security '90.*
The phone rings every ten minutes; colleagues show up at the door to chat about new developments in locksmithing or to shake their heads over the latest dismal developments in the BCCI global banking scandal.
Carlton Fitzpatrick is a fount of computer-crime war-stories, related in an acerbic drawl. He tells me the colorful tale of a hacker caught in California some years back. He'd been raiding systems, typing code without a detectable break, for twenty, twenty-four, thirty-six hours straight. Not just logged on -- *typing.* Investigators were baffled. Nobody could do that. Didn't he have to go to the bathroom? Was it some kind of automatic keyboard-whacking device that could actually type code?
A raid on the suspect's home revealed a situation of astonishing squalor. The hacker turned out to be a Pakistani computer-science student who had flunked out of a California university. He'd gone completely underground as an illegal electronic immigrant, and was selling stolen phoneservice to stay alive. The place was not merely messy and dirty, but in a state of psychotic disorder. Powered by some weird mix of culture shock, computer addiction, and amphetamines, the suspect had in fact been sitting in front of his computer for a day and a half straight, with snacks and drugs at hand on the edge of his desk and a chamber-pot under his chair.
Word about stuff like this gets around in the hacker-tracker community.
Carlton Fitzpatrick takes me for a guided tour by car around the FLETC grounds. One of our first sights is the biggest indoor firing range in the world. There are federal trainees in there, Fitzpatrick assures me politely, blasting away with a wide variety of automatic weapons: Uzis, Glocks, AK-47s.... He's willing to take me inside. I tell him I'm sure that's really interesting, but I'd rather see his computers. Carlton Fitzpatrick seems quite surprised and pleased. I'm apparently the first journalist he's ever seen who has turned down the shooting gallery in favor of microchips.
Our next stop is a favorite with touring Congressmen: the three-mile long FLETC driving range. Here trainees of the Driver & Marine Division are taught high-speed pursuit skills, setting and breaking road-blocks, diplomatic security driving for VIP limousines.... A favorite FLETC pastime is to strap a passing Senator into the passenger seat beside a Driver & Marine trainer, hit a hundred miles an hour, then take it right into "the skid-pan," a section of greased track where two tons of Detroit iron can whip and spin like a hockey puck.
Cars don't fare well at FLETC. First they're rifled again and again for search practice. Then they do 25,000 miles of high-speed pursuit training; they get about seventy miles per set of steel-belted radials. Then it's off to the skid pan, where sometimes they roll and tumble headlong in the grease. When they're sufficiently grease-stained, dented, and creaky, they're sent to the roadblock unit, where they're battered without pity. And finally then they're sacrificed to the Bureau of Alcohol, Tobacco and Firearms, whose trainees learn the ins and outs of car-bomb work by blowing them into smoking wreckage.
There's a railroad box-car on the FLETC grounds, and a large grounded boat, and a propless plane; all training-grounds for searches. The plane sits forlornly on a patch of weedy tarmac next to an eerie blockhouse known as the "ninja compound," where anti-terrorism specialists practice hostage rescues. As I gaze on this creepy paragon of modern low-intensity warfare, my nerves are jangled by a sudden staccato outburst of automatic weapons fire, somewhere in the woods to my right. "Ninemillimeter," Fitzpatrick judges calmly.
Even the eldritch ninja compound pales somewhat compared to the truly surreal area known as "the raid-houses." This is a street lined on both sides with nondescript concrete-block houses with flat pebbled roofs. They were once officers' quarters. Now they are training grounds. The first one to our left, Fitzpatrick tells me, has been specially adapted for computer search-and-seizure practice. Inside it has been wired for video from top to bottom, with eighteen pan-and-tilt remotely controlled videocams mounted on walls and in corners. Every movement of the trainee agent is recorded live by teachers, for later taped analysis. Wasted movements, hesitations, possibly lethal tactical mistakes -- all are gone over in detail.
Perhaps the weirdest single aspect of this building is its front door, scarred and scuffed all along the bottom, from the repeated impact, day after day, of federal shoe-leather.
Down at the far end of the row of raid-houses some people are practicing a murder. We drive by slowly as some very young and rather nervouslooking federal trainees interview a heavyset bald man on the raid-house lawn. Dealing with murder takes a lot of practice; first you have to learn to control your own instinctive disgust and panic, then you have to learn to control the reactions of a nerveshredded crowd of civilians, some of whom may have just lost a loved one, some of whom may be murderers -- quite possibly both at once.
A dummy plays the corpse. The roles of the bereaved, the morbidly curious, and the homicidal are played, for pay, by local Georgians: waitresses, musicians, most anybody who needs to moonlight and can learn a script. These people, some of whom are FLETC regulars year after year, must surely have one of the strangest jobs in the world.
Something about the scene: "normal" people in a weird situation, standing around talking in bright Georgia sunshine, unsuccessfully pretending that something dreadful has gone on, while a dummy lies inside on faked bloodstains.... While behind this weird masquerade, like a nested set of Russian dolls, are grim future realities of real death, real violence, real murders of real people, that these young agents will really investigate, many times during their careers.... Over and over.... Will those anticipated murders look like this, feel like this -- not as "real" as these amateur actors are trying to make it seem, but both as "real," and as numbingly unreal, as watching fake people standing around on a fake lawn? Something about this scene unhinges me. It seems nightmarish to me, Kafkaesque. I simply don't know how to take it; my head is turned around; I don't know whether to laugh, cry, or just shudder.
When the tour is over, Carlton Fitzpatrick and I talk about computers. For the first time cyberspace seems like quite a comfortable place. It seems very real to me suddenly, a place where I know what I'm talking about, a place I'm used to. It's real. "Real." Whatever.
Carlton Fitzpatrick is the only person I've met in cyberspace circles who is happy with his present equipment. He's got a 5 Meg RAM PC with a 112 meg hard disk; a 660 meg's on the way. He's got a Compaq 386 desktop, and a Zenith 386 laptop with 120 meg. Down the hall is a NEC Multi-Sync 2A with a CD-ROM drive and a 9600 baud modem with four com-lines. There's a training minicomputer, and a 10-meg local mini just for the Center, and a lab-full of student PC clones and half-a-dozen Macs or so. There's a Data General MV 2500 with 8 meg on board and a 370 meg disk.
Fitzpatrick plans to run a UNIX board on the Data General when he's finished beta-testing the software for it, which he wrote himself. It'll have E- mail features, massive files on all manner of computer-crime and investigation procedures, and will follow the computer-security specifics of the Department of Defense "Orange Book." He thinks it will be the biggest BBS in the federal government. Will it have *Phrack* on it? I ask wryly.
Sure, he tells me. *Phrack,* *TAP,* *Computer Underground Digest,* all that stuff. With proper disclaimers, of course.
I ask him if he plans to be the sysop. Running a system that size is very time-consuming, and Fitzpatrick teaches two three-hour courses every day.
No, he says seriously, FLETC has to get its money worth out of the instructors. He thinks he can get a local volunteer to do it, a high-school student. He says a bit more, something I think about an Eagle Scout law-enforcement liaison program, but my mind has rocketed off in disbelief.
"You're going to put a *teenager* in charge of a federal security BBS?" I'm speechless. It hasn't escaped my notice that the FLETC Financial Fraud Institute is the *ultimate* hacker-trashing target; there is stuff in here, stuff of such utter and consummate cool by every standard of the digital underground.... I imagine the hackers of my acquaintance, fainting dead-away from forbidden- knowledge greed-fits, at the mere prospect of cracking the superultra top-secret computers used to train the Secret Service in computer-crime....
"Uhm, Carlton," I babble, "I'm sure he's a really nice kid and all, but that's a terrible temptation to set in front of somebody who's, you know, into computers and just starting out..."
"Yeah," he says, "that did occur to me." For the first time I begin to suspect that he's pulling my leg.
He seems proudest when he shows me an ongoing project called JICC, Joint Intelligence Control Council. It's based on the services provided by EPIC, the El Paso Intelligence Center, which supplies data and intelligence to the Drug Enforcement Administration, the Customs Service, the Coast Guard, and the state police of the four southern border states. Certain EPIC files can now be accessed by drug-enforcement police of Central America, South America and the Caribbean, who can also trade information among themselves. Using a telecom program called "White Hat," written by two brothers named Lopez from the Dominican Republic, police can now network internationally on inexpensive PCs. Carlton Fitzpatrick is teaching a class of drug-war agents from the Third World, and he's very proud of their progress. Perhaps soon the sophisticated smuggling networks of the Medellin Cartel will be matched by a sophisticated computer network of the Medellin Cartel's sworn enemies. They'll track boats, track contraband, track the international drug-lords who now leap over borders with great ease, defeating the police through the clever use of fragmented national jurisdictions.
JICC and EPIC must remain beyond the scope of this book. They seem to me to be very large topics fraught with complications that I am not fit to judge. I do know, however, that the international, computer-assisted networking of police, across national boundaries, is something that Carlton Fitzpatrick considers very important, a harbinger of a desirable future. I also know that networks by their nature ignore physical boundaries. And I also know that where you put communications you put a community, and that when those communities become self-aware they will fight to preserve themselves and to expand their influence. I make no judgements whether this is good or bad. It's just cyberspace; it's just the way things are.
I asked Carlton Fitzpatrick what advice he would have for a twenty-year- old who wanted to shine someday in the world of electronic law enforcement.
He told me that the number one rule was simply not to be scared of computers. You don't need to be an obsessive "computer weenie," but you mustn't be buffaloed just because some machine looks fancy. The advantages computers give smart crooks are matched by the advantages they give smart cops. Cops in the future will have to enforce the law "with their heads, not their holsters." Today you can make good cases without ever leaving your office. In the future, cops who resist the computer revolution will never get far beyond walking a beat.
I asked Carlton Fitzpatrick if he had some single message for the public; some single thing that he would most like the American public to know about his work.
He thought about it while. "Yes," he said finally. "*Tell* me the rules, and I'll *teach* those rules!" He looked me straight in the eye. "I do the best that I can."
Part Four: The Civil Libertarians
The story of the Hacker Crackdown, as we have followed it thus far, has been technological, subcultural, criminal and legal. The story of the Civil Libertarians, though it partakes of all those other aspects, is profoundly and thoroughly political. In 1990, the obscure, long- simmering struggle over the ownership and nature of cyberspace became loudly and irretrievably public. People from some of the oddest corners of American society suddenly found themselves public figures. Some of these people found this situation much more than they had ever bargained for. They backpedalled, and tried to retreat back to the mandarin obscurity of their cozy subcultural niches. This was generally to prove a mistake. But the civil libertarians seized the day in 1990. They found themselves organizing, propagandizing, podiumpounding, persuading, touring, negotiating, posing for publicity photos, submitting to interviews, squinting in the limelight as they tried a tentative, but growingly sophisticated, buck- and-wing upon the public stage.
It's not hard to see why the civil libertarians should have this competitive advantage.
The hackers of the digital underground are an hermetic elite. They find it hard to make any remotely convincing case for their actions in front of the general public. Actually, hackers roundly despise the "ignorant" public, and have never trusted the judgement of "the system." Hackers do propagandize, but only among themselves, mostly in giddy, badly spelled manifestos of class warfare, youth rebellion or naive techie utopianism. Hackers must strut and boast in order to establish and preserve their underground reputations. But if they speak out too loudly and publicly, they will break the fragile surface-tension of the underground, and they will be harrassed or arrested. Over the longer term, most hackers stumble, get busted, get betrayed, or simply give up.
As a political force, the digital underground is hamstrung.
The telcos, for their part, are an ivory tower under protracted seige. They have plenty of money with which to push their calculated public image, but they waste much energy and goodwill attacking one another with slanderous and demeaning ad campaigns. The telcos have suffered at the hands of politicians, and, like hackers, they don't trust the public's judgement. And this distrust may be well-founded. Should the general public of the high-tech 1990s come to understand its own best interests in telecommunications, that might well pose a grave threat to the specialized technical power and authority that the telcos have relished for over a century. The telcos do have strong advantages: loyal employees, specialized expertise, influence in the halls of power, tactical allies in law enforcement, and unbelievably vast amounts of money. But politically speaking, they lack genuine grassroots support; they simply don't seem to have many friends.
Cops know a lot of things other people don't know. But cops willingly reveal only those aspects of their knowledge that they feel will meet their institutional purposes and further public order. Cops have respect, they have responsibilities, they have power in the streets and even power in the home, but cops don't do particularly well in limelight. When pressed, they will step out in the public gaze to threaten bad-guys, or to cajole prominent citizens, or perhaps to sternly lecture the naive and misguided. But then they go back within their time-honored fortress of the station-house, the courtroom and the rule-book.
The electronic civil libertarians, however, have proven to be born political animals. They seemed to grasp very early on the postmodern truism that communication is power. Publicity is power. Soundbites are power. The ability to shove one's issue onto the public agenda -- and keep it there -- is power. Fame is power. Simple personal fluency and eloquence can be power, if you can somehow catch the public's eye and ear.
The civil libertarians had no monopoly on "technical power" -- though they all owned computers, most were not particularly advanced computer experts. They had a good deal of money, but nowhere near the earthshaking wealth and the galaxy of resources possessed by telcos or federal agencies. They had no ability to arrest people. They carried out no phreak and hacker covert dirty-tricks.
But they really knew how to network.
Unlike the other groups in this book, the civil libertarians have operated very much in the open, more or less right in the public hurly-burly. They have lectured audiences galore and talked to countless journalists, and have learned to refine their spiels. They've kept the cameras clicking, kept those faxes humming, swapped that email, run those photocopiers on overtime, licked envelopes and spent small fortunes on airfare and long- distance. In an information society, this open, overt, obvious activity has proven to be a profound advantage.
In 1990, the civil libertarians of cyberspace assembled out of nowhere in particular, at warp speed. This "group" (actually, a networking gaggle of interested parties which scarcely deserves even that loose term) has almost nothing in the way of formal organization. Those formal civil libertarian organizations which did take an interest in cyberspace issues, mainly the Computer Professionals for Social Responsibility and the American Civil Liberties Union, were carried along by events in 1990, and acted mostly as adjuncts, underwriters or launching- pads.
The civil libertarians nevertheless enjoyed the greatest success of any of the groups in the Crackdown of 1990. At this writing, their future looks rosy and the political initiative is firmly in their hands. This should be kept in mind as we study the highly unlikely lives and lifestyles of the people who actually made this happen.
1.
In June 1989, Apple Computer, Inc., of Cupertino, California, had a problem. Someone had illicitly copied a small piece of Apple's proprietary software, software which controlled an internal chip driving the Macintosh screen display. This Color QuickDraw source code was a closely guarded piece of Apple's intellectual property. Only trusted Apple insiders were supposed to possess it.
But the "NuPrometheus League" wanted things otherwise. This person (or persons) made several illicit copies of this source code, perhaps as many as two dozen. He (or she, or they) then put those illicit floppy disks into envelopes and mailed them to people all over America: people in the computer industry who were associated with, but not directly employed by, Apple Computer.
The NuPrometheus caper was a complex, highly ideological, and very hacker-like crime. Prometheus, it will be recalled, stole the fire of the Gods and gave this potent gift to the general ranks of downtrodden mankind. A similar god-in-the-manger attitude was implied for the corporate elite of Apple Computer, while the "Nu" Prometheus had himself cast in the role of rebel demigod. The illicitly copied data was given away for free.
The new Prometheus, whoever he was, escaped the fate of the ancient Greek Prometheus, who was chained to a rock for centuries by the vengeful gods while an eagle tore and ate his liver. On the other hand, NuPrometheus chickened out somewhat by comparison with his role model. The small chunk of Color QuickDraw code he had filched and replicated was more or less useless to Apple's industrial rivals (or, in fact, to anyone else). Instead of giving fire to mankind, it was more as if NuPrometheus had photocopied the schematics for part of a Bic lighter. The act was not a genuine work of industrial espionage. It was best interpreted as a symbolic, deliberate slap in the face for the Apple corporate heirarchy.
Apple's internal struggles were well-known in the industry. Apple's founders, Jobs and Wozniak, had both taken their leave long since. Their raucous core of senior employees had been a barnstorming crew of 1960s Californians, many of them markedly less than happy with the new button- down multimillion dollar regime at Apple. Many of the programmers and developers who had invented the Macintosh model in the early 1980s had also taken their leave of the company. It was they, not the current masters of Apple's corporate fate, who had invented the stolen Color QuickDraw code. The NuPrometheus stunt was well-calculated to wound company morale.
Apple called the FBI. The Bureau takes an interest in high-profile intellectual-property theft cases, industrial espionage and theft of trade secrets. These were likely the right people to call, and rumor has it that the entities responsible were in fact discovered by the FBI, and then quietly squelched by Apple management. NuPrometheus was never publicly charged with a crime, or prosecuted, or jailed. But there were no further illicit releases of Macintosh internal software. Eventually the painful issue of NuPrometheus was allowed to fade.
In the meantime, however, a large number of puzzled bystanders found themselves entertaining surprise guests from the FBI.
One of these people was John Perry Barlow. Barlow is a most unusual man, difficult to describe in conventional terms. He is perhaps best known as a songwriter for the Grateful Dead, for he composed lyrics for "Hell in a Bucket," "Picasso Moon," "Mexicali Blues," "I Need a Miracle," and many more; he has been writing for the band since 1970.
Before we tackle the vexing question as to why a rock lyricist should be interviewed by the FBI in a computercrime case, it might be well to say a word or two about the Grateful Dead. The Grateful Dead are perhaps the most successful and long-lasting of the numerous cultural emanations from the Haight-Ashbury district of San Francisco, in the glory days of Movement politics and lysergic transcendance. The Grateful Dead are a nexus, a veritable whirlwind, of applique decals, psychedelic vans, tie-dyed T-shirts, earth-color denim, frenzied dancing and open and unashamed drug use. The symbols, and the realities, of Californian freak power surround the Grateful Dead like knotted macrame.
The Grateful Dead and their thousands of Deadhead devotees are radical Bohemians. This much is widely understood. Exactly what this implies in the 1990s is rather more problematic.
The Grateful Dead are among the world's most popular and wealthy entertainers: number 20, according to Forbes magazine, right between M.C. Hammer and Sean Connery. In 1990, this jeans-clad group of purported raffish outcasts earned seventeen million dollars. They have been earning sums much along this line for quite some time now.
And while the Dead are not investment bankers or three-piece-suit tax specialists -- they are, in point of fact, hippie musicians -- this money has not been squandered in senseless Bohemian excess. The Dead have been quietly active for many years, funding various worthy activities in their extensive and widespread cultural community.
The Grateful Dead are not conventional players in the American power establishment. They nevertheless are something of a force to be reckoned with. They have a lot of money and a lot of friends in many places, both likely and unlikely.
The Dead may be known for back-to-the-earth environmentalist rhetoric, but this hardly makes them anti-technological Luddites. On the contrary, like most rock musicians, the Grateful Dead have spent their entire adult lives in the company of complex electronic equipment. They have funds to burn on any sophisticated tool and toy that might happen to catch their fancy. And their fancy is quite extensive.
The Deadhead community boasts any number of recording engineers, lighting experts, rock video mavens, electronic technicians of all descriptions. And the drift goes both ways. Steve Wozniak, Apple's co- founder, used to throw rock festivals. Silicon Valley rocks out.
These are the 1990s, not the 1960s. Today, for a surprising number of people all over America, the supposed dividing line between Bohemian and technician simply no longer exists. People of this sort may have a set of windchimes and a dog with a knotted kerchief 'round its neck, but they're also quite likely to own a multimegabyte Macintosh running MIDI synthesizer software and trippy fractal simulations. These days, even Timothy Leary himself, prophet of LSD, does virtual-reality computer- graphics demos in his lecture tours. John Perry Barlow is not a member of the Grateful Dead. He is, however, a ranking Deadhead.
Barlow describes himself as a "techno-crank." A vague term like "social activist" might not be far from the mark, either. But Barlow might be better described as a "poet" -- if one keeps in mind Percy Shelley's archaic definition of poets as "unacknowledged legislators of the world."
Barlow once made a stab at acknowledged legislator status. In 1987, he narrowly missed the Republican nomination for a seat in the Wyoming State Senate. Barlow is a Wyoming native, the third-generation scion of a well-to-do cattle-ranching family. He is in his early forties, married and the father of three daughters.
Barlow is not much troubled by other people's narrow notions of consistency. In the late 1980s, this Republican rock lyricist cattle rancher sold his ranch and became a computer telecommunications devotee.
The free-spirited Barlow made this transition with ease. He genuinely enjoyed computers. With a beep of his modem, he leapt from small-town Pinedale, Wyoming, into electronic contact with a large and lively crowd of bright, inventive, technological sophisticates from all over the world. Barlow found the social milieu of computing attractive: its fast- lane pace, its blue-sky rhetoric, its open- endedness. Barlow began dabbling in computer journalism, with marked success, as he was a quick study, and both shrewd and eloquent. He frequently travelled to San Francisco to network with Deadhead friends. There Barlow made extensive contacts throughout the Californian computer community, including friendships among the wilder spirits at Apple.
In May 1990, Barlow received a visit from a local Wyoming agent of the FBI. The NuPrometheus case had reached Wyoming.
Barlow was troubled to find himself under investigation in an area of his interests once quite free of federal attention. He had to struggle to explain the very nature of computer-crime to a headscratching local FBI man who specialized in cattle-rustling. Barlow, chatting helpfully and demonstrating the wonders of his modem to the puzzled fed, was alarmed to find all "hackers" generally under FBI suspicion as an evil influence in the electronic community. The FBI, in pursuit of a hacker called "NuPrometheus," were tracing attendees of a suspect group called the Hackers Conference.
The Hackers Conference, which had been started in 1984, was a yearly Californian meeting of digital pioneers and enthusiasts. The hackers of the Hackers Conference had little if anything to do with the hackers of the digital underground. On the contrary, the hackers of this conference were mostly well-to-do Californian high-tech CEOs, consultants, journalists and entrepreneurs. (This group of hackers were the exact sort of "hackers" most likely to react with militant fury at any criminal degradation of the term "hacker.")
Barlow, though he was not arrested or accused of a crime, and though his computer had certainly not gone out the door, was very troubled by this anomaly. He carried the word to the Well.
Like the Hackers Conference, "the Well" was an emanation of the Point Foundation. Point Foundation, the inspiration of a wealthy Californian 60s radical named Stewart Brand, was to be a major launch-pad of the civil libertarian effort. Point Foundation's cultural efforts, like those of their fellow Bay Area Californians the Grateful Dead, were multifaceted and multitudinous. Rigid ideological consistency had never been a strong suit of the Whole Earth Catalog. This Point publication had enjoyed a strong vogue during the late 60s and early 70s, when it offered hundreds of practical (and not so practical) tips on communitarian living, environmentalism, and getting back-to-the-land. The Whole Earth Catalog, and its sequels, sold two and half million copies and won a National Book Award.
With the slow collapse of American radical dissent, the Whole Earth Catalog had slipped to a more modest corner of the cultural radar; but in its magazine incarnation, CoEvolution Quarterly, the Point Foundation continued to offer a magpie potpourri of "access to tools and ideas."
CoEvolution Quarterly, which started in 1974, was never a widely popular magazine. Despite periodic outbreaks of millenarian fervor, CoEvolution Quarterly failed to revolutionize Western civilization and replace leaden centuries of history with bright new Californian paradigms. Instead, this propaganda arm of Point Foundation cakewalked a fine line between impressive brilliance and New Age flakiness. CoEvolution Quarterly carried no advertising, cost a lot, and came out on cheap newsprint with modest black-and-white graphics. It was poorly distributed, and spread mostly by subscription and word of mouth.
It could not seem to grow beyond 30,000 subscribers. And yet -- it never seemed to shrink much, either. Year in, year out, decade in, decade out, some strange demographic minority accreted to support the magazine. The enthusiastic readership did not seem to have much in the way of coherent politics or ideals. It was sometimes hard to understand what held them together (if the often bitter debate in the letter-columns could be described as "togetherness").
But if the magazine did not flourish, it was resilient; it got by. Then, in 1984, the birth-year of the Macintosh computer, CoEvolution Quarterly suddenly hit the rapids. Point Foundation had discovered the computer revolution. Out came the Whole Earth Software Catalog of 1984, arousing headscratching doubts among the tiedyed faithful, and rabid enthusiasm among the nascent "cyberpunk" milieu, present company included. Point Foundation started its yearly Hackers Conference, and began to take an extensive interest in the strange new possibilities of digital counterculture. CoEvolution Quarterly folded its teepee, replaced by Whole Earth Software Review and eventually by Whole Earth Review (the magazine's present incarnation, currently under the editorship of virtual-reality maven Howard Rheingold).
1985 saw the birth of the "WELL" -- the "Whole Earth 'Lectronic Link." The Well was Point Foundation's bulletin board system. As boards went, the Well was an anomaly from the beginning, and remained one. It was local to San Francisco. It was huge, with multiple phonelines and enormous files of commentary. Its complex UNIX-based software might be most charitably described as "useropaque." It was run on a mainframe out of the rambling offices of a non-profit cultural foundation in Sausalito. And it was crammed with fans of the Grateful Dead.
Though the Well was peopled by chattering hipsters of the Bay Area counterculture, it was by no means a "digital underground" board. Teenagers were fairly scarce; most Well users (known as "Wellbeings") were thirty- and forty-something Baby Boomers. They tended to work in the information industry: hardware, software, telecommunications, media, entertainment. Librarians, academics, and journalists were especially common on the Well, attracted by Point Foundation's open-handed distribution of "tools and ideas."
There were no anarchy files on the Well, scarcely a dropped hint about access codes or credit-card theft. No one used handles. Vicious "flame-wars" were held to a comparatively civilized rumble. Debates were sometimes sharp, but no Wellbeing ever claimed that a rival had disconnected his phone, trashed his house, or posted his credit card numbers.
The Well grew slowly as the 1980s advanced. It charged a modest sum for access and storage, and lost money for years -- but not enough to hamper the Point Foundation, which was nonprofit anyway. By 1990, the Well had about five thousand users. These users wandered about a gigantic cyberspace smorgasbord of "Conferences", each conference itself consisting of a welter of "topics," each topic containing dozens, sometimes hundreds of comments, in a tumbling, multiperson debate that could last for months or years on end. In 1991, the Well's list of conferences looked like this.
CONFERENCES ON THE WELL
WELL "Screenzine" Digest (g zine)
Best of the WELL - vintage material - (g best)
Index listing of new topics in all conferences - (g newtops)
Business - Education
----------------------
Apple Library Users Group(g alug) Agriculture (g agri) Brainstorming (g brain) Classifieds (g cla) Computer Journalism (g cj) Consultants (g consult) Consumers (g cons) Design (g design) Desktop Publishing (g desk) Disability (g disability) Education (g ed) Energy (g energy91) Entrepreneurs (g entre) Homeowners (g home) Indexing (g indexing) Investments (g invest) Kids91 (g kids) Legal (g legal) One Person Business (g one) Periodical/newsletter(g per) Telecomm Law (g tcl) The Future (g fut) Translators (g trans) Travel (g tra) Work (g work)
Electronic Frontier Foundation (g eff)
Computers, Freedom & Privacy (g cfp)
Computer Professionals for Social Responsibility (g cpsr)
Social - Political - Humanities
---------------------------------
Aging (g gray) AIDS (g aids) Amnesty International (g amnesty) Archives (g arc) Berkeley (g berk) Buddhist (g wonderland) Christian (g cross) Couples (g couples) Current Events (g curr) Dreams (g dream) Drugs (g dru) East Coast (g east) Emotional Health**** (g private) Erotica (g eros) Environment (g env) Firearms (g firearms) First Amendment (g first) Fringes of Reason (g fringes) Gay (g gay) Gay (Private)# (g gaypriv) Geography (g geo) German (g german) Gulf War (g gulf) Hawaii (g aloha) Health (g heal) History (g hist) Holistic (g holi) Interview (g inter) Italian (g ital) Jewish (g jew) Liberty (g liberty) Mind (g mind) Miscellaneous (g misc) Men on the WELL** (g mow) Network Integration (g origin) Nonprofits (g non) North Bay (g north) Northwest (g nw) Pacific Rim (g pacrim) Parenting (g par) Peace (g pea) Peninsula (g pen) Poetry (g poetry) Philosophy (g phi) Politics (g pol) Psychology (g psy) Psychotherapy (g therapy) Recovery## (g recovery) San Francisco (g sanfran) Scams (g scam) Sexuality (g sex) Singles (g singles) Southern (g south) Spanish (g spanish) Spirituality (g spirit) Tibet (g tibet) Transportation (g transport) True Confessions (g tru) Unclear (g unclear) WELL Writer's Workshop***(g www) Whole Earth (g we) Women on the WELL*(g wow) Words (g words) Writers (g wri)
- Private Conference - mail wooly for entry
- Private conference - mail sonia for entry
- Private conference - mail flash for entry
- Private conference - mail reva for entry
- Private Conference - mail hudu for entry
- Private Conference - mail dhawk for entry
Arts - Recreation - Entertainment
-----------------------------------
ArtCom Electronic Net (g acen) Audio-Videophilia (g aud) Bicycles (g bike) Bay Area Tonight**(g bat) Boating (g wet) Books (g books) CD's (g cd) Comics (g comics) Cooking (g cook) Flying (g flying) Fun (g fun) Games (g games) Gardening (g gard) Kids (g kids) Nightowls* (g owl) Jokes (g jokes) MIDI (g midi) Movies (g movies) Motorcycling (g ride) Motoring (g car) Music (g mus) On Stage (g onstage) Pets (g pets) Radio (g rad) Restaurant (g rest) Science Fiction (g sf) Sports (g spo) Star Trek (g trek) Television (g tv) Theater (g theater) Weird (g weird) Zines/Factsheet Five(g f5)
- Open from midnight to 6am
- Updated daily
Grateful Dead
-------------
Grateful Dead (g gd) Deadplan* (g dp) Deadlit (g deadlit) Feedback (g feedback) GD Hour (g gdh) Tapes (g tapes) Tickets (g tix) Tours (g tours)
- Private conference - mail tnf for entry
Computers
-----------
AI/Forth/Realtime (g realtime) Amiga (g amiga) Apple (g app) Computer Books (g cbook) Art & Graphics (g gra) Hacking (g hack) HyperCard (g hype) IBM PC (g ibm) LANs (g lan) Laptop (g lap) Macintosh (g mac) Mactech (g mactech) Microtimes (g microx) Muchomedia (g mucho) NeXt (g next) OS/2 (g os2) Printers (g print) Programmer's Net (g net) Siggraph (g siggraph) Software Design (g sdc) Software/Programming (software) Software Support (g ssc) Unix (g unix) Windows (g windows) Word Processing (g word)
Technical - Communications
----------------------------
Bioinfo (g bioinfo) Info (g boing) Media (g media) NAPLPS (g naplps) Netweaver (g netweaver) Networld (g networld) Packet Radio (g packet) Photography (g pho) Radio (g rad) Science (g science) Technical Writers (g tec) Telecommunications(g tele) Usenet (g usenet) Video (g vid) Virtual Reality (g vr)
The WELL Itself
---------------
Deeper (g deeper) Entry (g ent) General (g gentech) Help (g help) Hosts (g hosts) Policy (g policy) System News (g news) Test (g test)
The list itself is dazzling, bringing to the untutored eye a dizzying impression of a bizarre milieu of mountain- climbing Hawaiian holistic photographers trading true-life confessions with bisexual word-processing Tibetans.
But this confusion is more apparent than real. Each of these conferences was a little cyberspace world in itself, comprising dozens and perhaps hundreds of sub-topics. Each conference was commonly frequented by a fairly small, fairly like-minded community of perhaps a few dozen people. It was humanly impossible to encompass the entire Well (especially since access to the Well's mainframe computer was billed by the hour). Most longtime users contented themselves with a few favorite topical neighborhoods, with the occasional foray elsewhere for a taste of exotica. But especially important news items, and hot topical debates, could catch the attention of the entire Well community. Like any community, the Well had its celebrities, and John Perry Barlow, the silver- tongued and silver- modemed lyricist of the Grateful Dead, ranked prominently among them. It was here on the Well that Barlow posted his true-life tale of computer-crime encounter with the FBI.
The story, as might be expected, created a great stir. The Well was already primed for hacker controversy. In December 1989, Harper's magazine had hosted a debate on the Well about the ethics of illicit computer intrusion. While over forty various computer-mavens took part, Barlow proved a star in the debate. So did "Acid Phreak" and "Phiber Optik," a pair of young New York hacker-phreaks whose skills at telco switching-station intrusion were matched only by their apparently limitless hunger for fame. The advent of these two boldly swaggering outlaws in the precincts of the Well created a sensation akin to that of Black Panthers at a cocktail party for the radically chic. Phiber Optik in particular was to seize the day in 1990. A devotee of the 2600 circle and stalwart of the New York hackers' group "Masters of Deception," Phiber Optik was a splendid exemplar of the computer intruder as committed dissident. The eighteen- year-old Optik, a high-school dropout and part-time computer repairman, was young, smart, and ruthlessly obsessive, a sharpdressing, sharp-talking digital dude who was utterly and airily contemptuous of anyone's rules but his own. By late 1991, Phiber Optik had appeared in Harper's, Esquire, The New York Times, in countless public debates and conventions, even on a television show hosted by Geraldo Rivera.
Treated with gingerly respect by Barlow and other Well mavens, Phiber Optik swiftly became a Well celebrity. Strangely, despite his thorny attitude and utter single-mindedness, Phiber Optik seemed to arouse strong protective instincts in most of the people who met him. He was great copy for journalists, always fearlessly ready to swagger, and, better yet, to actually demonstrate some off-the-wall digital stunt. He was a born media darling.
Even cops seemed to recognize that there was something peculiarly unworldly and uncriminal about this particular troublemaker. He was so bold, so flagrant, so young, and so obviously doomed, that even those who strongly disapproved of his actions grew anxious for his welfare, and began to flutter about him as if he were an endangered seal pup.
In January 24, 1990 (nine days after the Martin Luther King Day Crash), Phiber Optik, Acid Phreak, and a third NYC scofflaw named Scorpion were raided by the Secret Service. Their computers went out the door, along with the usual blizzard of papers, notebooks, compact disks, answering machines, Sony Walkmans, etc. Both Acid Phreak and Phiber Optik were accused of having caused the Crash.
The mills of justice ground slowly. The case eventually fell into the hands of the New York State Police. Phiber had lost his machinery in the raid, but there were no charges filed against him for over a year. His predicament was extensively publicized on the Well, where it caused much resentment for police tactics. It's one thing to merely hear about a hacker raided or busted; it's another to see the police attacking someone you've come to know personally, and who has explained his motives at length. Through the Harper's debate on the Well, it had become clear to the Wellbeings that Phiber Optik was not in fact going to "hurt anything." In their own salad days, many Wellbeings had tasted tear-gas in pitched street- battles with police. They were inclined to indulgence for acts of civil disobedience. Wellbeings were also startled to learn of the draconian thoroughness of a typical hacker search-andseizure. It took no great stretch of imagination for them to envision themselves suffering much the same treatment.
As early as January 1990, sentiment on the Well had already begun to sour, and people had begun to grumble that "hackers" were getting a raw deal from the hamhanded powers-that-be. The resultant issue of Harper's magazine posed the question as to whether computerintrusion was a "crime" at all. As Barlow put it later: "I've begun to wonder if we wouldn't also regard spelunkers as desperate criminals if AT&T owned all the caves."
In February 1991, more than a year after the raid on his home, Phiber Optik was finally arrested, and was charged with first-degree Computer Tampering and Computer Trespass, New York state offenses. He was also charged with a theft-of-service misdemeanor, involving a complex free-call scam to a 900 number. Phiber Optik pled guilty to the misdemeanor charge, and was sentenced to 35 hours of community service.
This passing harassment from the unfathomable world of straight people seemed to bother Optik himself little if at all. Deprived of his computer by the January search-and-seizure, he simply bought himself a portable computer so the cops could no longer monitor the phone where he lived with his Mom, and he went right on with his depredations, sometimes on live radio or in front of television cameras.
The crackdown raid may have done little to dissuade Phiber Optik, but its galling affect on the Wellbeings was profound. As 1990 rolled on, the slings and arrows mounted: the Knight Lightning raid, the Steve Jackson raid, the nation-spanning Operation Sundevil. The rhetoric of law enforcement made it clear that there was, in fact, a concerted crackdown on hackers in progress.
The hackers of the Hackers Conference, the Wellbeings, and their ilk, did not really mind the occasional public misapprehension of "hacking"; if anything, this membrane of differentiation from straight society made the "computer community" feel different, smarter, better. They had never before been confronted, however, by a concerted vilification campaign.
Barlow's central role in the counter-struggle was one of the major anomalies of 1990. Journalists investigating the controversy often stumbled over the truth about Barlow, but they commonly dusted themselves off and hurried on as if nothing had happened. It was as if it were too much to believe that a 1960s freak from the Grateful Dead had taken on a federal law enforcement operation head-to-head and actually seemed to be winning!
Barlow had no easily detectable power-base for a political struggle of this kind. He had no formal legal or technical credentials. Barlow was, however, a computer networker of truly stellar brilliance. He had a poet's gift of concise, colorful phrasing. He also had a journalist's shrewdness, an off-the-wall, self-deprecating wit, and a phenomenal wealth of simple personal charm.
The kind of influence Barlow possessed is fairly common currency in literary, artistic, or musical circles. A gifted critic can wield great artistic influence simply through defining the temper of the times, by coining the catch-phrases and the terms of debate that become the common currency of the period. (And as it happened, Barlow was a part-time art critic, with a special fondness for the Western art of Frederic Remington.)
Barlow was the first commentator to adopt William Gibson's striking science-fictional term "cyberspace" as a synonym for the present- day nexus of computer and telecommunications networks. Barlow was insistent that cyberspace should be regarded as a qualitatively new world, a "frontier." According to Barlow, the world of electronic communications, now made visible through the computer screen, could no longer be usefully regarded as just a tangle of high-tech wiring. Instead, it had become a place, cyberspace, which demanded a new set of metaphors, a new set of rules and behaviors. The term, as Barlow employed it, struck a useful chord, and this concept of cyberspace was picked up by Time, Scientific American, computer police, hackers, and even Constitutional scholars. "Cyberspace" now seems likely to become a permanent fixture of the language.
Barlow was very striking in person: a tall, craggyfaced, bearded, deep-voiced Wyomingan in a dashing Western ensemble of jeans, jacket, cowboy boots, a knotted throat-kerchief and an ever-present Grateful Dead cloisonne lapel pin. Armed with a modem, however, Barlow was truly in his element. Formal hierarchies were not Barlow's strong suit; he rarely missed a chance to belittle the "large organizations and their drones," with their uptight, institutional mindset. Barlow was very much of the freespirit persuasion, deeply unimpressed by brass-hats and jacks-in-office. But when it came to the digital grapevine, Barlow was a cyberspace ad-hocrat par excellence.
There was not a mighty army of Barlows. There was only one Barlow, and he was a fairly anomolous individual. However, the situation only seemed to require a single Barlow. In fact, after 1990, many people must have concluded that a single Barlow was far more than they'd ever bargained for.
Barlow's querulous mini-essay about his encounter with the FBI struck a strong chord on the Well. A number of other free spirits on the fringes of Apple Computing had come under suspicion, and they liked it not one whit better than he did.
One of these was Mitchell Kapor, the co-inventor of the spreadsheet program "Lotus 1-2-3" and the founder of Lotus Development Corporation. Kapor had written-off the passing indignity of being fingerprinted down at his own local Boston FBI headquarters, but Barlow's post made the full national scope of the FBI's dragnet clear to Kapor. The issue now had Kapor's full attention. As the Secret Service swung into anti-hacker operation nationwide in 1990, Kapor watched every move with deep skepticism and growing alarm.
As it happened, Kapor had already met Barlow, who had interviewed Kapor for a California computer journal. Like most people who met Barlow, Kapor had been very taken with him. Now Kapor took it upon himself to drop in on Barlow for a heart-to-heart talk about the situation. Kapor was a regular on the Well. Kapor had been a devotee of the Whole Earth Catalog since the beginning, and treasured a complete run of the magazine. And Kapor not only had a modem, but a private jet. In pursuit of the scattered high-tech investments of Kapor Enterprises Inc., his personal, multi-million dollar holding company, Kapor commonly crossed state lines with about as much thought as one might give to faxing a letter.
The Kapor-Barlow council of June 1990, in Pinedale, Wyoming, was the start of the Electronic Frontier Foundation. Barlow swiftly wrote a manifesto, "Crime and Puzzlement," which announced his, and Kapor's, intention to form a political organization to "raise and disburse funds for education, lobbying, and litigation in the areas relating to digital speech and the extension of the Constitution into Cyberspace."
Furthermore, proclaimed the manifesto, the foundation would "fund, conduct, and support legal efforts to demonstrate that the Secret Service has exercised prior restraint on publications, limited free speech, conducted improper seizure of equipment and data, used undue force, and generally conducted itself in a fashion which is arbitrary, oppressive, and unconstitutional."
"Crime and Puzzlement" was distributed far and wide through computer networking channels, and also printed in the Whole Earth Review. The sudden declaration of a coherent, politicized counter-strike from the ranks of hackerdom electrified the community. Steve Wozniak (perhaps a bit stung by the NuPrometheus scandal) swiftly offered to match any funds Kapor offered the Foundation.
John Gilmore, one of the pioneers of Sun Microsystems, immediately offered his own extensive financial and personal support. Gilmore, an ardent libertarian, was to prove an eloquent advocate of electronic privacy issues, especially freedom from governmental and corporate computer-assisted surveillance of private citizens.
A second meeting in San Francisco rounded up further allies: Stewart Brand of the Point Foundation, virtual-reality pioneers Jaron Lanier and Chuck Blanchard, network entrepreneur and venture capitalist Nat Goldhaber. At this dinner meeting, the activists settled on a formal title: the Electronic Frontier Foundation, Incorporated. Kapor became its president. A new EFF Conference was opened on the Point Foundation's Well, and the Well was declared "the home of the Electronic Frontier Foundation."
Press coverage was immediate and intense. Like their nineteenth- century spiritual ancestors, Alexander Graham Bell and Thomas Watson, the high-tech computer entrepreneurs of the 1970s and 1980s -- people such as Wozniak, Jobs, Kapor, Gates, and H. Ross Perot, who had raised themselves by their bootstraps to dominate a glittering new industry -- had always made very good copy. But while the Wellbeings rejoiced, the press in general seemed nonplussed by the self-declared "civilizers of cyberspace." EFF's insistence that the war against "hackers" involved grave Constitutional civil liberties issues seemed somewhat farfetched, especially since none of EFF's organizers were lawyers or established politicians. The business press in particular found it easier to seize on the apparent core of the story -- that high-tech entrepreneur Mitchell Kapor had established a "defense fund for hackers." Was EFF a genuinely important political development -- or merely a clique of wealthy eccentrics, dabbling in matters better left to the proper authorities? The jury was still out.
But the stage was now set for open confrontation. And the first and the most critical battle was the hacker show-trial of "Knight Lightning."
2.
It has been my practice throughout this book to refer to hackers only by their "handles." There is little to gain by giving the real names of these people, many of whom are juveniles, many of whom have never been convicted of any crime, and many of whom had unsuspecting parents who have already suffered enough.
But the trial of Knight Lightning on July 24-27, 1990, made this particular "hacker" a nationally known public figure. It can do no particular harm to himself or his family if I repeat the long-established fact that his name is Craig Neidorf (pronounced NYE-dorf).
Neidorf's jury trial took place in the United States District Court, Northern District of Illinois, Eastern Division, with the Honorable Nicholas J. Bua presiding. The United States of America was the plaintiff, the defendant Mr. Neidorf. The defendant's attorney was Sheldon T. Zenner of the Chicago firm of Katten, Muchin and Zavis.
The prosecution was led by the stalwarts of the Chicago Computer Fraud and Abuse Task Force: William J. Cook, Colleen D. Coughlin, and David A. Glockner, all Assistant United States Attorneys. The Secret Service Case Agent was Timothy M. Foley.
It will be recalled that Neidorf was the co-editor of an underground hacker "magazine" called Phrack. Phrack was an entirely electronic publication, distributed through bulletin boards and over electronic networks. It was amateur publication given away for free. Neidorf had never made any money for his work in Phrack. Neither had his unindicted co-editor "Taran King" or any of the numerous Phrack contributors. The Chicago Computer Fraud and Abuse Task Force, however, had decided to prosecute Neidorf as a fraudster. To formally admit that Phrack was a "magazine" and Neidorf a "publisher" was to open a prosecutorial Pandora's Box of First Amendment issues. To do this was to play into the hands of Zenner and his EFF advisers, which now included a phalanx of prominent New York civil rights lawyers as well as the formidable legal staff of Katten, Muchin and Zavis. Instead, the prosecution relied heavily on the issue of access device fraud: Section 1029 of Title 18, the section from which the Secret Service drew its most direct jurisdiction over computer crime.
Neidorf's alleged crimes centered around the E911 Document. He was accused of having entered into a fraudulent scheme with the Prophet, who, it will be recalled, was the Atlanta LoD member who had illicitly copied the E911 Document from the BellSouth AIMSX system.
The Prophet himself was also a co-defendant in the Neidorf case, part-and-parcel of the alleged "fraud scheme" to "steal" BellSouth's E911 Document (and to pass the Document across state lines, which helped establish the Neidorf trial as a federal case). The Prophet, in the spirit of full co-operation, had agreed to testify against Neidorf.
In fact, all three of the Atlanta crew stood ready to testify against Neidorf. Their own federal prosecutors in Atlanta had charged the Atlanta Three with: (a) conspiracy, (b) computer fraud, (c) wire fraud, (d) access device fraud, and (e) interstate transportation of stolen property (Title 18, Sections 371, 1030, 1343, 1029, and 2314).
Faced with this blizzard of trouble, Prophet and Leftist had ducked any public trial and had pled guilty to reduced charges -- one conspiracy count apiece. Urvile had pled guilty to that odd bit of Section 1029 which makes it illegal to possess "fifteen or more" illegal access devices (in his case, computer passwords). And their sentences were scheduled for September 14, 1990 -- well after the Neidorf trial. As witnesses, they could presumably be relied upon to behave. Neidorf, however, was pleading innocent. Most everyone else caught up in the crackdown had "cooperated fully" and pled guilty in hope of reduced sentences. (Steve Jackson was a notable exception, of course, and had strongly protested his innocence from the very beginning. But Steve Jackson could not get a day in court -- Steve Jackson had never been charged with any crime in the first place.)
Neidorf had been urged to plead guilty. But Neidorf was a political science major and was disinclined to go to jail for "fraud" when he had not made any money, had not broken into any computer, and had been publishing a magazine that he considered protected under the First Amendment.
Neidorf's trial was the only legal action of the entire Crackdown that actually involved bringing the issues at hand out for a public test in front of a jury of American citizens.
Neidorf, too, had cooperated with investigators. He had voluntarily handed over much of the evidence that had led to his own indictment. He had already admitted in writing that he knew that the E911 Document had been stolen before he had "published" it in Phrack -- or, from the prosecution's point of view, illegally transported stolen property by wire in something purporting to be a "publication."
But even if the "publication" of the E911 Document was not held to be a crime, that wouldn't let Neidorf off the hook. Neidorf had still received the E911 Document when Prophet had transferred it to him from Rich Andrews' Jolnet node. On that occasion, it certainly hadn't been "published" -- it was hacker booty, pure and simple, transported across state lines.
The Chicago Task Force led a Chicago grand jury to indict Neidorf on a set of charges that could have put him in jail for thirty years. When some of these charges were successfully challenged before Neidorf actually went to trial, the Chicago Task Force rearranged his indictment so that he faced a possible jail term of over sixty years! As a first offender, it was very unlikely that Neidorf would in fact receive a sentence so drastic; but the Chicago Task Force clearly intended to see Neidorf put in prison, and his conspiratorial "magazine" put permanently out of commission. This was a federal case, and Neidorf was charged with the fraudulent theft of property worth almost eighty thousand dollars.
William Cook was a strong believer in high-profile prosecutions with symbolic overtones. He often published articles on his work in the security trade press, arguing that "a clear message had to be sent to the public at large and the computer community in particular that unauthorized attacks on computers and the theft of computerized information would not be tolerated by the courts."
The issues were complex, the prosecution's tactics somewhat unorthodox, but the Chicago Task Force had proved sure-footed to date. "Shadowhawk" had been bagged on the wing in 1989 by the Task Force, and sentenced to nine months in prison, and a $10,000 fine. The Shadowhawk case involved charges under Section 1030, the "federal interest computer" section.
Shadowhawk had not in fact been a devotee of "federal-interest" computers per se. On the contrary, Shadowhawk, who owned an AT&T home computer, seemed to cherish a special aggression toward AT&T. He had bragged on the underground boards "Phreak Klass 2600" and "Dr. Ripco" of his skills at raiding AT&T, and of his intention to crash AT&T's national phone system. Shadowhawk's brags were noticed by Henry Kluepfel of Bellcore Security, scourge of the outlaw boards, whose relations with the Chicago Task Force were long and intimate. The Task Force successfully established that Section 1030 applied to the teenage Shadowhawk, despite the objections of his defense attorney. Shadowhawk had entered a computer "owned" by U.S. Missile Command and merely "managed" by AT&T. He had also entered an AT&T computer located at Robbins Air Force Base in Georgia. Attacking AT&T was of "federal interest" whether Shadowhawk had intended it or not.
The Task Force also convinced the court that a piece of AT&T software that Shadowhawk had illicitly copied from Bell Labs, the "Artificial Intelligence C5 Expert System," was worth a cool one million dollars. Shadowhawk's attorney had argued that Shadowhawk had not sold the program and had made no profit from the illicit copying. And in point of fact, the C5 Expert System was experimental software, and had no established market value because it had never been on the market in the first place. AT&T's own assessment of a "one million dollar" figure for its own intangible property was accepted without challenge by the court, however. And the court concurred with the government prosecutors that Shadowhawk showed clear "intent to defraud" whether he'd gotten any money or not. Shadowhawk went to jail.
The Task Force's other best-known triumph had been the conviction and jailing of "Kyrie." Kyrie, a true denizen of the digital criminal underground, was a 36-year-old Canadian woman, convicted and jailed for telecommunications fraud in Canada. After her release from prison, she had fled the wrath of Canada Bell and the Royal Canadian Mounted Police, and eventually settled, very unwisely, in Chicago.
"Kyrie," who also called herself "Long Distance Information," specialized in voice-mail abuse. She assembled large numbers of hot long- distance codes, then read them aloud into a series of corporate voice-mail systems. Kyrie and her friends were electronic squatters in corporate voice- mail systems, using them much as if they were pirate bulletin boards, then moving on when their vocal chatter clogged the system and the owners necessarily wised up. Kyrie's camp followers were a loose tribe of some hundred and fifty phone-phreaks, who followed her trail of piracy from machine to machine, ardently begging for her services and expertise.
Kyrie's disciples passed her stolen credit-card numbers, in exchange for her stolen "long distance information." Some of Kyrie's clients paid her off in cash, by scamming credit-card cash advances from Western Union.
Kyrie travelled incessantly, mostly through airline tickets and hotel rooms that she scammed through stolen credit cards. Tiring of this, she found refuge with a fellow female phone phreak in Chicago. Kyrie's hostess, like a surprising number of phone phreaks, was blind. She was also physically disabled. Kyrie allegedly made the best of her new situation by applying for, and receiving, state welfare funds under a false identity as a qualified caretaker for the handicapped.
Sadly, Kyrie's two children by a former marriage had also vanished underground with her; these pre-teen digital refugees had no legal American identity, and had never spent a day in school.
Kyrie was addicted to technical mastery and enthralled by her own cleverness and the ardent worship of her teenage followers. This foolishly led her to phone up Gail Thackeray in Arizona, to boast, brag, strut, and offer to play informant. Thackeray, however, had already learned far more than enough about Kyrie, whom she roundly despised as an adult criminal corrupting minors, a "female Fagin." Thackeray passed her tapes of Kyrie's boasts to the Secret Service.
Kyrie was raided and arrested in Chicago in May 1989. She confessed at great length and pled guilty.
In August 1990, Cook and his Task Force colleague Colleen Coughlin sent Kyrie to jail for 27 months, for computer and telecommunications fraud. This was a markedly severe sentence by the usual wrist-slapping standards of "hacker" busts. Seven of Kyrie's foremost teenage disciples were also indicted and convicted. The Kyrie "high-tech street gang," as Cook described it, had been crushed. Cook and his colleagues had been the first ever to put someone in prison for voice-mail abuse. Their pioneering efforts had won them attention and kudos.
In his article on Kyrie, Cook drove the message home to the readers of Security Management magazine, a trade journal for corporate security professionals. The case, Cook said, and Kyrie's stiff sentence, "reflect a new reality for hackers and computer crime victims in the '90s.... Individuals and corporations who report computer and telecommunications crimes can now expect that their cooperation with federal law enforcement will result in meaningful punishment. Companies and the public at large must report computer-enhanced crimes if they want prosecutors and the course to protect their rights to the tangible and intangible property developed and stored on computers."
Cook had made it his business to construct this "new reality for hackers." He'd also made it his business to police corporate property rights to the intangible.
Had the Electronic Frontier Foundation been a "hacker defense fund" as that term was generally understood, they presumably would have stood up for Kyrie. Her 1990 sentence did indeed send a "message" that federal heat was coming down on "hackers." But Kyrie found no defenders at EFF, or anywhere else, for that matter. EFF was not a bail-out fund for electronic crooks.
The Neidorf case paralleled the Shadowhawk case in certain ways. The victim once again was allowed to set the value of the "stolen" property. Once again Kluepfel was both investigator and technical advisor. Once again no money had changed hands, but the "intent to defraud" was central.
The prosecution's case showed signs of weakness early on. The Task Force had originally hoped to prove Neidorf the center of a nationwide Legion of Doom criminal conspiracy. The Phrack editors threw physical get-togethers every summer, which attracted hackers from across the country; generally two dozen or so of the magazine's favorite contributors and readers. (Such conventions were common in the hacker community; 2600 Magazine, for instance, held public meetings of hackers in New York, every month.) LoD heavy-dudes were always a strong presence at these Phrack-sponsored "Summercons."
In July 1988, an Arizona hacker named "Dictator" attended Summercon in Neidorf's home town of St. Louis. Dictator was one of Gail Thackeray's underground informants; Dictator's underground board in Phoenix was a sting operation for the Secret Service. Dictator brought an undercover crew of Secret Service agents to Summercon. The agents bored spyholes through the wall of Dictator's hotel room in St Louis, and videotaped the frolicking hackers through a one-way mirror. As it happened, however, nothing illegal had occurred on videotape, other than the guzzling of beer by a couple of minors. Summercons were social events, not sinister cabals. The tapes showed fifteen hours of raucous laughter, pizza-gobbling, in-jokes and back-slapping.
Neidorf's lawyer, Sheldon Zenner, saw the Secret Service tapes before the trial. Zenner was shocked by the complete harmlessness of this meeting, which Cook had earlier characterized as a sinister interstate conspiracy to commit fraud. Zenner wanted to show the Summercon tapes to the jury. It took protracted maneuverings by the Task Force to keep the tapes from the jury as "irrelevant." The E911 Document was also proving a weak reed. It had originally been valued at $79,449. Unlike Shadowhawk's arcane Artificial Intelligence booty, the E911 Document was not software -- it was written in English. Computer-knowledgeable people found this value -- for a twelve-page bureaucratic document -frankly incredible. In his "Crime and Puzzlement" manifesto for EFF, Barlow commented: "We will probably never know how this figure was reached or by whom, though I like to imagine an appraisal team consisting of Franz Kafka, Joseph Heller, and Thomas Pynchon."
As it happened, Barlow was unduly pessimistic. The EFF did, in fact, eventually discover exactly how this figure was reached, and by whom -- but only in 1991, long after the Neidorf trial was over.
Kim Megahee, a Southern Bell security manager, had arrived at the document's value by simply adding up the "costs associated with the production" of the E911 Document. Those "costs" were as follows:
1. A technical writer had been hired to research and write the E911 Document. 200 hours of work, at $35 an hour, cost : $7,000. A Project Manager had overseen the technical writer. 200 hours, at $31 an hour, made: $6,200.
2. A week of typing had cost $721 dollars. A week of formatting had cost $721. A week of graphics formatting had cost $742.
3. Two days of editing cost $367. `
4. A box of order labels cost five dollars.
5. Preparing a purchase order for the Document, including typing and the obtaining of an authorizing signature from within the BellSouth bureaucracy, cost $129.
6. Printing cost $313. Mailing the Document to fifty people took fifty hours by a clerk, and cost $858.
7. Placing the Document in an index took two clerks an hour each, totalling $43.
Bureaucratic overhead alone, therefore, was alleged to have cost a whopping $17,099. According to Mr. Megahee, the typing of a twelve- page document had taken a full week. Writing it had taken five weeks, including an overseer who apparently did nothing else but watch the author for five weeks. Editing twelve pages had taken two days. Printing and mailing an electronic document (which was already available on the Southern Bell Data Network to any telco employee who needed it), had cost over a thousand dollars.
But this was just the beginning. There were also the hardware expenses. Eight hundred fifty dollars for a VT220 computer monitor. Thirty-one thousand dollars for a sophisticated VAXstation II computer. Six thousand dollars for a computer printer. Twenty-two thousand dollars for a copy of "Interleaf" software. Two thousand five hundred dollars for VMS software. All this to create the twelve-page Document.
Plus ten percent of the cost of the software and the hardware, for maintenance. (Actually, the ten percent maintenance costs, though mentioned, had been left off the final $79,449 total, apparently through a merciful oversight).
Mr. Megahee's letter had been mailed directly to William Cook himself, at the office of the Chicago federal attorneys. The United States Government accepted these telco figures without question.
As incredulity mounted, the value of the E911 Document was officially revised downward. This time, Robert Kibler of BellSouth Security estimated the value of the twelve pages as a mere $24,639.05 -- based, purportedly, on "R&D costs." But this specific estimate, right down to the nickel, did not move the skeptics at all; in fact it provoked open scorn and a torrent of sarcasm.
The financial issues concerning theft of proprietary information have always been peculiar. It could be argued that BellSouth had not "lost" its E911 Document at all in the first place, and therefore had not suffered any monetary damage from this "theft." And Sheldon Zenner did in fact argue this at Neidorf's trial -- that Prophet's raid had not been "theft," but was better understood as illicit copying.
The money, however, was not central to anyone's true purposes in this trial. It was not Cook's strategy to convince the jury that the E911 Document was a major act of theft and should be punished for that reason alone. His strategy was to argue that the E911 Document was dangerous. It was his intention to establish that the E911 Document was "a road-map" to the Enhanced 911 System. Neidorf had deliberately and recklessly distributed a dangerous weapon. Neidorf and the Prophet did not care (or perhaps even gloated at the sinister idea) that the E911 Document could be used by hackers to disrupt 911 service, "a life line for every person certainly in the Southern Bell region of the United States, and indeed, in many communities throughout the United States," in Cook's own words. Neidorf had put people's lives in danger.
In pre-trial maneuverings, Cook had established that the E911 Document was too hot to appear in the public proceedings of the Neidorf trial. The jury itself would not be allowed to ever see this Document, lest it slip into the official court records, and thus into the hands of the general public, and, thus, somehow, to malicious hackers who might lethally abuse it.
Hiding the E911 Document from the jury may have been a clever legal maneuver, but it had a severe flaw. There were, in point of fact, hundreds, perhaps thousands, of people, already in possession of the E911 Document, just as Phrack had published it. Its true nature was already obvious to a wide section of the interested public (all of whom, by the way, were, at least theoretically, party to a gigantic wire-fraud conspiracy). Most everyone in the electronic community who had a modem and any interest in the Neidorf case already had a copy of the Document. It had already been available in Phrack for over a year.
People, even quite normal people without any particular prurient interest in forbidden knowledge, did not shut their eyes in terror at the thought of beholding a "dangerous" document from a telephone company. On the contrary, they tended to trust their own judgement and simply read the Document for themselves. And they were not impressed.
One such person was John Nagle. Nagle was a fortyone-year-old professional programmer with a masters' degree in computer science from Stanford. He had worked for Ford Aerospace, where he had invented a computer-networking technique known as the "Nagle Algorithm," and for the prominent Californian computergraphics firm "Autodesk," where he was a major stockholder.
Nagle was also a prominent figure on the Well, much respected for his technical knowledgeability.
Nagle had followed the civil-liberties debate closely, for he was an ardent telecommunicator. He was no particular friend of computer intruders, but he believed electronic publishing had a great deal to offer society at large, and attempts to restrain its growth, or to censor free electronic expression, strongly roused his ire.
The Neidorf case, and the E911 Document, were both being discussed in detail on the Internet, in an electronic publication called Telecom Digest. Nagle, a longtime Internet maven, was a regular reader of Telecom Digest. Nagle had never seen a copy of Phrack, but the implications of the case disturbed him.
While in a Stanford bookstore hunting books on robotics, Nagle happened across a book called The Intelligent Network. Thumbing through it at random, Nagle came across an entire chapter meticulously detailing the workings of E911 police emergency systems. This extensive text was being sold openly, and yet in Illinois a young man was in danger of going to prison for publishing a thin six-page document about 911 service.
Nagle made an ironic comment to this effect in Telecom Digest. From there, Nagle was put in touch with Mitch Kapor, and then with Neidorf's lawyers.
Sheldon Zenner was delighted to find a computer telecommunications expert willing to speak up for Neidorf, one who was not a wacky teenage "hacker." Nagle was fluent, mature, and respectable; he'd once had a federal security clearance.
Nagle was asked to fly to Illinois to join the defense team.
Having joined the defense as an expert witness, Nagle read the entire E911 Document for himself. He made his own judgement about its potential for menace.
The time has now come for you yourself, the reader, to have a look at the E911 Document. This six-page piece of work was the pretext for a federal prosecution that could have sent an electronic publisher to prison for thirty, or even sixty, years. It was the pretext for the search and seizure of Steve Jackson Games, a legitimate publisher of printed books. It was also the formal pretext for the search and seizure of the Mentor's bulletin board, "Phoenix Project," and for the raid on the home of Erik Bloodaxe. It also had much to do with the seizure of Richard Andrews' Jolnet node and the shutdown of Charles Boykin's AT&T node. The E911 Document was the single most important piece of evidence in the Hacker Crackdown. There can be no real and legitimate substitute for the document itself.
Phrack Inc.
Volume Two, Issue 24, File 5 of 13
Control Office Administration Of Enhanced 911 Services For Special Services and Account Centers by the Eavesdropper
March, 1988
Description of Service The control office for Emergency 911 service is assigned in accordance with the existing standard guidelines to one of the following centers:
* Special Services Center (SSC) * Major Accounts Center (MAC) * Serving Test Center (STC) * Toll Control Center (TCC)
The SSC/MAC designation is used in this document interchangeably for any of these four centers. The Special Services Centers (SSCs) or Major Account Centers (MACs) have been designated as the trouble reporting contact for all E911 customer (PSAP) reported troubles. Subscribers who have trouble on an E911 call will continue to contact local repair service (CRSAB) who will refer the trouble to the SSC/MAC, when appropriate.
Due to the critical nature of E911 service, the control and timely repair of troubles is demanded. As the primary E911 customer contact, the SSC/MAC is in the unique position to monitor the status of the trouble and insure its resolution. System Overview The number 911 is intended as a nationwide universal telephone number which provides the public with direct access to a Public Safety Answering Point (PSAP). A PSAP is also referred to as an Emergency Service Bureau (ESB). A PSAP is an agency or facility which is authorized by a municipality to receive and respond to police, fire and/or ambulance services. One or more attendants are located at the PSAP facilities to receive and handle calls of an emergency nature in accordance with the local municipal requirements.
An important advantage of E911 emergency service is improved (reduced) response times for emergency services. Also close coordination among agencies providing various emergency services is a valuable capability provided by E911 service.
1A ESS is used as the tandem office for the E911 network to route all 911 calls to the correct (primary) PSAP designated to serve the calling station. The E911 feature was developed primarily to provide routing to the correct PSAP for all 911 calls. Selective routing allows a 911 call originated from a particular station located in a particular district, zone, or town, to be routed to the primary PSAP designated to serve that customer station regardless of wire center boundaries. Thus, selective routing eliminates the problem of wire center boundaries not coinciding with district or other political boundaries.
The services available with the E911 feature include:
* Forced Disconnect * Default Routing, Alternative Routing * Night Service Selective Routing * Automatic Number Identification (ANI) * Selective Transfer * Automatic Location Identification (ALI)
Preservice/Installation Guidelines When a contract for an E911 system has been signed, it is the responsibility of Network Marketing to establish an implementation/cutover committee which should include a representative from the SSC/MAC. Duties of the E911 Implementation Team include coordination of all phases of the E911 system deployment and the formation of an on-going E911 maintenance subcommittee.
Marketing is responsible for providing the following customer specific information to the SSC/MAC prior to the start of call through testing:
* All PSAP's (name, address, local contact) * All PSAP circuit ID's * 1004 911 service request including PSAP details on each PSAP (1004 Section K, L, M) * Network configuration * Any vendor information (name, telephone number, equipment)
The SSC/MAC needs to know if the equipment and sets at the PSAP are maintained by the BOCs, an independent company, or an outside vendor, or any combination. This information is then entered on the PSAP profile sheets and reviewed quarterly for changes, additions and deletions.
Marketing will secure the Major Account Number (MAN) and provide this number to Corporate Communications so that the initial issue of the service orders carry the MAN and can be tracked by the SSC/MAC via CORDNET. PSAP circuits are official services by definition.
All service orders required for the installation of the E911 system should include the MAN assigned to the city/county which has purchased the system.
In accordance with the basic SSC/MAC strategy for provisioning, the SSC/MAC will be Overall Control Office (OCO) for all Node to PSAP circuits (official services) and any other services for this customer. Training must be scheduled for all SSC/MAC involved personnel during the pre-service stage of the project.
The E911 Implementation Team will form the on-going maintenance subcommittee prior to the initial implementation of the E911 system. This sub-committee will establish post implementation quality assurance procedures to ensure that the E911 system continues to provide quality service to the customer. Customer/Company training, trouble reporting interfaces for the customer, telephone company and any involved independent telephone companies needs to be addressed and implemented prior to E911 cutover. These functions can be best addressed by the formation of a sub- committee of the E911 Implementation Team to set up guidelines for and to secure service commitments of interfacing organizations. A SSC/MAC supervisor should chair this subcommittee and include the following organizations:
* Switching Control Center
o E911 translations
o Trunking
o End office and Tandem office hardware/software
* Recent Change Memory Administration Center
o Daily RC update activity for TN/ESN translations
o Processes validity errors and rejects
* Line and Number Administration
o Verification of TN/ESN translations
* Special Service Center/Major Account Center
o Single point of contact for all PSAP and Node to host troubles
o Logs, tracks & statusing of all trouble reports
o Trouble referral, follow up, and escalation
o Customer notification of status and restoration
o Analyzation of "chronic" troubles
o Testing, installation and maintenance of E911 circuits
* Installation and Maintenance (SSIM/I&M)
o Repair and maintenance of PSAP equipment and Telco owned sets
* Minicomputer Maintenance Operations Center
o E911 circuit maintenance (where applicable)
* Area Maintenance Engineer
o Technical assistance on voice (CO-PSAP) network related E911 troubles
Maintenance Guidelines The CCNC will test the Node circuit from the 202T at the Host site to the 202T at the Node site. Since Host to Node (CCNC to MMOC) circuits are official company services, the CCNC will refer all Node circuit troubles to the SSC/MAC. The SSC/MAC is responsible for the testing and follow up to restoration of these circuit troubles.
Although Node to PSAP circuit are official services, the MMOC will refer PSAP circuit troubles to the appropriate SSC/MAC. The SSC/MAC is responsible for testing and follow up to restoration of PSAP circuit troubles.
The SSC/MAC will also receive reports from CRSAB/IMC(s) on subscriber 911 troubles when they are not line troubles. The SSC/MAC is responsible for testing and restoration of these troubles.
Maintenance responsibilities are as follows:
SCC* Voice Network (ANI to PSAP)
*SCC responsible for tandem switch
SSIM/I&M PSAP Equipment (Modems, CIU's, sets) Vendor PSAP Equipment (when CPE) SSC/MAC PSAP to Node circuits, and tandem to PSAP voice
circuits (EMNT)
MMOC Node site (Modems, cables, etc)
Note: All above work groups are required to resolve troubles by interfacing with appropriate work groups for resolution.
The Switching Control Center (SCC) is responsible for E911/1AESS translations in tandem central offices. These translations route E911 calls, selective transfer, default routing, speed calling, etc., for each PSAP. The SCC is also responsible for troubleshooting on the voice network (call originating to end office tandem equipment).
For example, ANI failures in the originating offices would be a responsibility of the SCC.
Recent Change Memory Administration Center (RCMAC) performs the daily tandem translation updates (recent change) for routing of individual telephone numbers.
Recent changes are generated from service order activity (new service, address changes, etc.) and compiled into a daily file by the E911 Center (ALI/DMS E911 Computer).
SSIM/I&M is responsible for the installation and repair of PSAP equipment. PSAP equipment includes ANI Controller, ALI Controller, data sets, cables, sets, and other peripheral equipment that is not vendor owned. SSIM/I&M is responsible for establishing maintenance test kits, complete with spare parts for PSAP maintenance. This includes test gear, data sets, and ANI/ALI Controller parts.
Special Services Center (SSC) or Major Account Center (MAC) serves as the trouble reporting contact for all (PSAP) troubles reported by customer. The SSC/MAC refers troubles to proper organizations for handling and tracks status of troubles, escalating when necessary. The SSC/MAC will close out troubles with customer. The SSC/MAC will analyze all troubles and tracks "chronic" PSAP troubles.
Corporate Communications Network Center (CCNC) will test and refer troubles on all node to host circuits. All E911 circuits are classified as official company property.
The Minicomputer Maintenance Operations Center (MMOC) maintains the E911 (ALI/DMS) computer hardware at the Host site. This MMOC is also responsible for monitoring the system and reporting certain PSAP and system problems to the local MMOC's, SCC's or SSC/MAC's. The MMOC personnel also operate software programs that maintain the TN data base under the direction of the E911 Center. The maintenance of the NODE computer (the interface between the PSAP and the ALI/DMS computer) is a function of the MMOC at the NODE site. The MMOC's at the NODE sites may also be involved in the testing of NODE to Host circuits. The MMOC will also assist on Host to PSAP and data network related troubles not resolved through standard trouble clearing procedures.
Installation And Maintenance Center (IMC) is responsible for referral of E911 subscriber troubles that are not subscriber line problems.
E911 Center - Performs the role of System Administration and is responsible for overall operation of the E911 computer software. The E911 Center does A-Z trouble analysis and provides statistical information on the performance of the system.
This analysis includes processing PSAP inquiries (trouble reports) and referral of network troubles. The E911 Center also performs daily processing of tandem recent change and provides information to the RCMAC for tandem input. The E911 Center is responsible for daily processing of the ALI/DMS computer data base and provides error files, etc. to the Customer Services department for investigation and correction. The E911 Center participates in all system implementations and on-going maintenance effort and assists in the development of procedures, training and education of information to all groups.
Any group receiving a 911 trouble from the SSC/MAC should close out the trouble with the SSC/MAC or provide a status if the trouble has been referred to another group. This will allow the SSC/MAC to provide a status back to the customer or escalate as appropriate.
Any group receiving a trouble from the Host site (MMOC or CCNC) should close the trouble back to that group.
The MMOC should notify the appropriate SSC/MAC when the Host, Node, or all Node circuits are down so that the SSC/MAC can reply to customer reports that may be called in by the PSAPs. This will eliminate duplicate reporting of troubles. On complete outages the MMOC will follow escalation procedures for a Node after two (2) hours and for a PSAP after four (4) hours. Additionally the MMOC will notify the appropriate SSC/MAC when the Host, Node, or all Node circuits are down.
The PSAP will call the SSC/MAC to report E911 troubles. The person reporting the E911 trouble may not have a circuit I.D. and will therefore report the PSAP name and address. Many PSAP troubles are not circuit specific. In those instances where the caller cannot provide a circuit I.D., the SSC/MAC will be required to determine the circuit I.D. using the PSAP profile. Under no circumstances will the SSC/MAC Center refuse to take the trouble. The E911 trouble should be handled as quickly as possible, with the SSC/MAC providing as much assistance as possible while taking the trouble report from the caller.
The SSC/MAC will screen/test the trouble to determine the appropriate handoff organization based on the following criteria:
* PSAP equipment problem: SSIM/I&M * Circuit problem: SSC/MAC * Voice network problem: SCC (report trunk group number) * Problem affecting multiple PSAPs (No ALI report from all PSAPs): Contact the MMOC to check for NODE or Host computer problems before further testing.
The SSC/MAC will track the status of reported troubles and escalate as appropriate. The SSC/MAC will close out customer/company reports with the initiating contact. Groups with specific maintenance responsibilities, defined above, will investigate "chronic" troubles upon request from the SSC/MAC and the ongoing maintenance subcommittee.
All "out of service" E911 troubles are priority one type reports. One link down to a PSAP is considered a priority one trouble and should be handled as if the PSAP was isolated.
The PSAP will report troubles with the ANI controller, ALI controller or set equipment to the SSC/MAC.
NO ANI: Where the PSAP reports NO ANI (digital display screen is blank) ask if this condition exists on all screens and on all calls. It is important to differentiate between blank screens and screens displaying 911-00XX, or all zeroes.
When the PSAP reports all screens on all calls, ask if there is any voice contact with callers. If there is no voice contact the trouble should be referred to the SCC immediately since 911 calls are not getting through which may require alternate routing of calls to another PSAP.
When the PSAP reports this condition on all screens but not all calls and has voice contact with callers, the report should be referred to SSIM/I&M for dispatch. The SSC/MAC should verify with the SCC that ANI is pulsing before dispatching SSIM.
When the PSAP reports this condition on one screen for all calls (others work fine) the trouble should be referred to SSIM/I&M for dispatch, because the trouble is isolated to one piece of equipment at the customer premise.
An ANI failure (i.e. all zeroes) indicates that the ANI has not been received by the PSAP from the tandem office or was lost by the PSAP ANI controller. The PSAP may receive "02" alarms which can be caused by the ANI controller logging more than three all zero failures on the same trunk. The PSAP has been instructed to report this condition to the SSC/MAC since it could indicate an equipment trouble at the PSAP which might be affecting all subscribers calling into the PSAP. When all zeroes are being received on all calls or "02" alarms continue, a tester should analyze the condition to determine the appropriate action to be taken. The tester must perform cooperative testing with the SCC when there appears to be a problem on the Tandem-PSAP trunks before requesting dispatch.
When an occasional all zero condition is reported, the SSC/MAC should dispatch SSIM/I&M to routine equipment on a "chronic" troublesweep.
The PSAPs are instructed to report incidental ANI failures to the BOC on a PSAP inquiry trouble ticket (paper) that is sent to the Customer Services E911 group and forwarded to E911 center when required. This usually involves only a particular telephone number and is not a condition that would require a report to the SSC/MAC. Multiple ANI failures which our from the same end office (XX denotes end office), indicate a hard trouble condition may exist in the end office or end office tandem trunks. The PSAP will report this type of condition to the SSC/MAC and the SSC/MAC should refer the report to the SCC responsible for the tandem office. NOTE: XX is the ESCO (Emergency Service Number) associated with the incoming 911 trunks into the tandem. It is important that the C/MAC tell the SCC what is displayed at the PSAP (i.e. 911-0011) which indicates to the SCC which end office is in trouble.
Note: It is essential that the PSAP fill out inquiry form on every ANI failure.
The PSAP will report a trouble any time an address is not received on an address display (screen blank) E911 call. (If a record is not in the 911 data base or an ANI failure is encountered, the screen will provide a display noticing such condition). The SSC/MAC should verify with the PSAP whether the NO ALI condition is on one screen or all screens.
When the condition is on one screen (other screens receive ALI information) the SSC/MAC will request SSIM/I&M to dispatch.
If no screens are receiving ALI information, there is usually a circuit trouble between the PSAP and the Host computer. The SSC/MAC should test the trouble and refer for restoral.
Note: If the SSC/MAC receives calls from multiple PSAP's, all of which are receiving NO ALI, there is a problem with the Node or Node to Host circuits or the Host computer itself. Before referring the trouble the SSC/MAC should call the MMOC to inquire if the Node or Host is in trouble.
Alarm conditions on the ANI controller digital display at the PSAP are to be reported by the PSAP's. These alarms can indicate various trouble conditions so the SSC/MAC should ask the PSAP if any portion of the E911 system is not functioning properly.
The SSC/MAC should verify with the PSAP attendant that the equipment's primary function is answering E911 calls. If it is, the SSC/MAC should request a dispatch SSIM/I&M. If the equipment is not primarily used for E911, then the SSC/MAC should advise PSAP to contact their CPE vendor.
Note: These troubles can be quite confusing when the PSAP has vendor equipment mixed in with equipment that the BOC maintains. The Marketing representative should provide the SSC/MAC information concerning any unusual or exception items where the PSAP should contact their vendor. This information should be included in the PSAP profile sheets.
ANI or ALI controller down: When the host computer sees the PSAP equipment down and it does not come back up, the MMOC will report the trouble to the SSC/MAC; the equipment is down at the PSAP, a dispatch will be required.
PSAP link (circuit) down: The MMOC will provide the SSC/MAC with the circuit ID that the Host computer indicates in trouble. Although each PSAP has two circuits, when either circuit is down the condition must be treated as an emergency since failure of the second circuit will cause the PSAP to be isolated.
Any problems that the MMOC identifies from the Node location to the Host computer will be handled directly with the appropriate MMOC(s)/CCNC.
Note: The customer will call only when a problem is apparent to the PSAP. When only one circuit is down to the PSAP, the customer may not be aware there is a trouble, even though there is one link down, notification should appear on the PSAP screen. Troubles called into the SSC/MAC from the MMOC or other company employee should not be closed out by calling the PSAP since it may result in the customer responding that they do not have a trouble. These reports can only be closed out by receiving information that the trouble was fixed and by checking with the company employee that reported the trouble. The MMOC personnel will be able to verify that the trouble has cleared by reviewing a printout from the host.
When the CRSAB receives a subscriber complaint (i.e., cannot dial 911) the RSA should obtain as much information as possible while the customer is on the line.
For example, what happened when the subscriber dialed 911? The report is automatically directed to the IMC for subscriber line testing. When no line trouble is found, the IMC will refer the trouble condition to the SSC/MAC. The SSC/MAC will contact Customer Services E911 Group and verify that the subscriber should be able to call 911 and obtain the ESN. The SSC/MAC will verify the ESN via 2SCCS. When both verifications match, the SSC/MAC will refer the report to the SCC responsible for the 911 tandem office for investigation and resolution. The MAC is responsible for tracking the trouble and informing the IMC when it is resolved.
For more information, please refer to E911 Glossary of Terms. End of Phrack File
The reader is forgiven if he or she was entirely unable to read this document. John Perry Barlow had a great deal of fun at its expense, in "Crime and Puzzlement:" "Bureaucrat-ese of surpassing opacity.... To read the whole thing straight through without entering coma requires either a machine or a human who has too much practice thinking like one. Anyone who can understand it fully and fluidly had altered his consciousness beyone the ability to ever again read Blake, Whitman, or Tolstoy.... the document contains little of interest to anyone who is not a student of advanced organizational sclerosis."
With the Document itself to hand, however, exactly as it was published (in its six-page edited form) in Phrack, the reader may be able to verify a few statements of fact about its nature. First, there is no software, no computer code, in the Document. It is not computer-programming language like FORTRAN or C++, it is English; all the sentences have nouns and verbs and punctuation. It does not explain how to break into the E911 system. It does not suggest ways to destroy or damage the E911 system.
There are no access codes in the Document. There are no computer passwords. It does not explain how to steal long distance service. It does not explain how to break in to telco switching stations. There is nothing in it about using a personal computer or a modem for any purpose at all, good or bad.
Close study will reveal that this document is not about machinery. The E911 Document is about administration. It describes how one creates and administers certain units of telco bureaucracy: Special Service Centers and Major Account Centers (SSC/MAC). It describes how these centers should distribute responsibility for the E911 service, to other units of telco bureaucracy, in a chain of command, a formal hierarchy. It describes who answers customer complaints, who screens calls, who reports equipment failures, who answers those reports, who handles maintenance, who chairs subcommittees, who gives orders, who follows orders, who tells whom what to do. The Document is not a "roadmap" to computers. The Document is a roadmap to people.
As an aid to breaking into computer systems, the Document is useless. As an aid to harassing and deceiving telco people, however, the Document might prove handy (especially with its Glossary, which I have not included). An intense and protracted study of this Document and its Glossary, combined with many other such documents, might teach one to speak like a telco employee. And telco people live by speech -- they live by phone communication. If you can mimic their language over the phone, you can "social-engineer" them. If you can con telco people, you can wreak havoc among them. You can force them to no longer trust one another; you can break the telephonic ties that bind their community; you can make them paranoid. And people will fight harder to defend their community than they will fight to defend their individual selves.
This was the genuine, gut-level threat posed by Phrack magazine. The real struggle was over the control of telco language, the control of telco knowledge. It was a struggle to defend the social "membrane of differentiation" that forms the walls of the telco community's ivory tower -- the special jargon that allows telco professionals to recognize one another, and to exclude charlatans, thieves, and upstarts. And the prosecution brought out this fact. They repeatedly made reference to the threat posed to telco professionals by hackers using "social engineering."
However, Craig Neidorf was not on trial for learning to speak like a professional telecommunications expert. Craig Neidorf was on trial for access device fraud and transportation of stolen property. He was on trial for stealing a document that was purportedly highly sensitive and purportedly worth tens of thousands of dollars.
3.
John Nagle read the E911 Document. He drew his own conclusions. And he presented Zenner and his defense team with an overflowing box of similar material, drawn mostly from Stanford University's engineering libraries. During the trial, the defense team -- Zenner, half-a-dozen other attorneys, Nagle, Neidorf, and computer-security expert Dorothy Denning, all pored over the E911 Document line-by-line.
On the afternoon of July 25, 1990, Zenner began to cross-examine a woman named Billie Williams, a service manager for Southern Bell in Atlanta. Ms. Williams had been responsible for the E911 Document. (She was not its author -- its original "author" was a Southern Bell staff manager named Richard Helms. However, Mr. Helms should not bear the entire blame; many telco staff people and maintenance personnel had amended the Document. It had not been so much "written" by a single author, as built by committee out of concrete-blocks of jargon.)
Ms. Williams had been called as a witness for the prosecution, and had gamely tried to explain the basic technical structure of the E911 system, aided by charts.
Now it was Zenner's turn. He first established that the "proprietary stamp" that BellSouth had used on the E911 Document was stamped on every single document that BellSouth wrote -- thousands of documents. "We do not publish anything other than for our own company," Ms. Williams explained. "Any company document of this nature is considered proprietary." Nobody was in charge of singling out special high-security publications for special high-security protection. They were all special, no matter how trivial, no matter what their subject matter - - the stamp was put on as soon as any document was written, and the stamp was never removed.
Zenner now asked whether the charts she had been using to explain the mechanics of E911 system were "proprietary," too. Were they public information, these charts, all about PSAPs, ALIs, nodes, local end switches? Could he take the charts out in the street and show them to anybody, "without violating some proprietary notion that BellSouth has?"
Ms Williams showed some confusion, but finally agreed that the charts were, in fact, public.
"But isn't this what you said was basically what appeared in Phrack?"
Ms. Williams denied this.
Zenner now pointed out that the E911 Document as published in Phrack was only half the size of the original E911 Document (as Prophet had purloined it). Half of it had been deleted -- edited by Neidorf.
Ms. Williams countered that "Most of the information that is in the text file is redundant."
Zenner continued to probe. Exactly what bits of knowledge in the Document were, in fact, unknown to the public? Locations of E911 computers? Phone numbers for telco personnel? Ongoing maintenance subcommittees? Hadn't Neidorf removed much of this?
Then he pounced. "Are you familiar with Bellcore Technical Reference Document TR-TSY-000350?" It was, Zenner explained, officially titled "E911 Public Safety Answering Point Interface Between 1-1AESS Switch and Customer Premises Equipment." It contained highly detailed and specific technical information about the E911 System. It was published by Bellcore and publicly available for about $20.
He showed the witness a Bellcore catalog which listed thousands of documents from Bellcore and from all the Baby Bells, BellSouth included. The catalog, Zenner pointed out, was free. Anyone with a credit card could call the Bellcore toll-free 800 number and simply order any of these documents, which would be shipped to any customer without question. Including, for instance, "BellSouth E911 Service Interfaces to Customer Premises Equipment at a Public Safety Answering Point."
Zenner gave the witness a copy of "BellSouth E911 Service Interfaces," which cost, as he pointed out, $13, straight from the catalog. "Look at it carefully," he urged Ms. Williams, "and tell me if it doesn't contain about twice as much detailed information about the E911 system of BellSouth than appeared anywhere in Phrack."
"You want me to...." Ms. Williams trailed off. "I don't understand."
"Take a careful look," Zenner persisted. "Take a look at that document, and tell me when you're done looking at it if, indeed, it doesn't contain much more detailed information about the E911 system than appeared in Phrack."
"Phrack wasn't taken from this," Ms. Williams said.
"Excuse me?" said Zenner.
"Phrack wasn't taken from this."
"I can't hear you," Zenner said.
"Phrack was not taken from this document. I don't understand your question to me."
"I guess you don't," Zenner said.
At this point, the prosecution's case had been gutshot. Ms. Williams was distressed. Her confusion was quite genuine. Phrack had not been taken from any publicly available Bellcore document. Phrack's E911 Document had been stolen from her own company's computers, from her own company's text files, that her own colleagues had written, and revised, with much labor.
But the "value" of the Document had been blown to smithereens. It wasn't worth eighty grand. According to Bellcore it was worth thirteen bucks. And the looming menace that it supposedly posed had been reduced in instants to a scarecrow. Bellcore itself was selling material far more detailed and "dangerous," to anybody with a credit card and a phone.
Actually, Bellcore was not giving this information to just anybody. They gave it to anybody who asked, but not many did ask. Not many people knew that Bellcore had a free catalog and an 800 number. John Nagle knew, but certainly the average teenage phreak didn't know. "Tuc," a friend of Neidorf's and sometime Phrack contributor, knew, and Tuc had been very helpful to the defense, behind the scenes. But the Legion of Doom didn't know -- otherwise, they would never have wasted so much time raiding dumpsters. Cook didn't know. Foley didn't know. Kluepfel didn't know. The right hand of Bellcore knew not what the left hand was doing. The right hand was battering hackers without mercy, while the left hand was distributing Bellcore's intellectual property to anybody who was interested in telephone technical trivia -- apparently, a pathetic few.
The digital underground was so amateurish and poorly organized that they had never discovered this heap of unguarded riches. The ivory tower of the telcos was so wrapped-up in the fog of its own technical obscurity that it had left all the windows open and flung open the doors. No one had even noticed.
Zenner sank another nail in the coffin. He produced a printed issue of Telephone Engineer & Management, a prominent industry journal that comes out twice a month and costs $27 a year. This particular issue of TE&M, called "Update on 911," featured a galaxy of technical details on 911 service and a glossary far more extensive than Phrack's.
The trial rumbled on, somehow, through its own momentum. Tim Foley testified about his interrogations of Neidorf. Neidorf's written admission that he had known the E911 Document was pilfered was officially read into the court record.
An interesting side issue came up: "Terminus" had once passed Neidorf a piece of UNIX AT&T software, a log-in sequence, that had been cunningly altered so that it could trap passwords. The UNIX software itself was illegally copied AT&T property, and the alterations "Terminus" had made to it, had transformed it into a device for facilitating computer break-ins. Terminus himself would eventually plead guilty to theft of this piece of software, and the Chicago group would send Terminus to prison for it. But it was of dubious relevance in the Neidorf case. Neidorf hadn't written the program. He wasn't accused of ever having used it. And Neidorf wasn't being charged with software theft or owning a password trapper.
On the next day, Zenner took the offensive. The civil libertarians now had their own arcane, untried legal weaponry to launch into action -- the Electronic Communications Privacy Act of 1986, 18 US Code, Section 2701 et seq. Section 2701 makes it a crime to intentionally access without authorization a facility in which an electronic communication service is provided -- it is, at heart, an anti-bugging and anti-tapping law, intended to carry the traditional protections of telephones into other electronic channels of communication. While providing penalties for amateur snoops, however, Section 2703 of the ECPA also lays some formal difficulties on the bugging and tapping activities of police.
The Secret Service, in the person of Tim Foley, had served Richard Andrews with a federal grand jury subpoena, in their pursuit of Prophet, the E911 Document, and the Terminus software ring. But according to the Electronic Communications Privacy Act, a "provider of remote computing service" was legally entitled to "prior notice" from the government if a subpoena was used. Richard Andrews and his basement UNIX node, Jolnet, had not received any "prior notice." Tim Foley had purportedly violated the ECPA and committed an electronic crime! Zenner now sought the judge's permission to cross-examine Foley on the topic of Foley's own electronic misdeeds.
Cook argued that Richard Andrews' Jolnet was a privately owned bulletin board, and not within the purview of ECPA. Judge Bua granted the motion of the government to prevent cross-examination on that point, and Zenner's offensive fizzled. This, however, was the first direct assault on the legality of the actions of the Computer Fraud and Abuse Task Force itself -- the first suggestion that they themselves had broken the law, and might, perhaps, be called to account.
Zenner, in any case, did not really need the ECPA. Instead, he grilled Foley on the glaring contradictions in the supposed value of the E911 Document. He also brought up the embarrassing fact that the supposedly red- hot E911 Document had been sitting around for months, in Jolnet, with Kluepfel's knowledge, while Kluepfel had done nothing about it.
In the afternoon, the Prophet was brought in to testify for the prosecution. (The Prophet, it will be recalled, had also been indicted in the case as partner in a fraud scheme with Neidorf.) In Atlanta, the Prophet had already pled guilty to one charge of conspiracy, one charge of wire fraud and one charge of interstate transportation of stolen property. The wire fraud charge, and the stolen property charge, were both directly based on the E911 Document.
The twenty-year-old Prophet proved a sorry customer, answering questions politely but in a barely audible mumble, his voice trailing off at the ends of sentences. He was constantly urged to speak up.
Cook, examining Prophet, forced him to admit that he had once had a "drug problem," abusing amphetamines, marijuana, cocaine, and LSD. This may have established to the jury that "hackers" are, or can be, seedy lowlife characters, but it may have damaged Prophet's credibility somewhat. Zenner later suggested that drugs might have damaged Prophet's memory. The interesting fact also surfaced that Prophet had never physically met Craig Neidorf. He didn't even know Neidorf's last name -- at least, not until the trial.
Prophet confirmed the basic facts of his hacker career. He was a member of the Legion of Doom. He had abused codes, he had broken into switching stations and re-routed calls, he had hung out on pirate bulletin boards. He had raided the BellSouth AIMSX computer, copied the E911 Document, stored it on Jolnet, mailed it to Neidorf. He and Neidorf had edited it, and Neidorf had known where it came from.
Zenner, however, had Prophet confirm that Neidorf was not a member of the Legion of Doom, and had not urged Prophet to break into BellSouth computers. Neidorf had never urged Prophet to defraud anyone, or to steal anything. Prophet also admitted that he had never known Neidorf to break in to any computer. Prophet said that no one in the Legion of Doom considered Craig Neidorf a "hacker" at all. Neidorf was not a UNIX maven, and simply lacked the necessary skill and ability to break into computers. Neidorf just published a magazine.
On Friday, July 27, 1990, the case against Neidorf collapsed. Cook moved to dismiss the indictment, citing "information currently available to us that was not available to us at the inception of the trial." Judge Bua praised the prosecution for this action, which he described as "very responsible," then dismissed a juror and declared a mistrial.
Neidorf was a free man. His defense, however, had cost himself and his family dearly. Months of his life had been consumed in anguish; he had seen his closest friends shun him as a federal criminal. He owed his lawyers over a hundred thousand dollars, despite a generous payment to the defense by Mitch Kapor.
Neidorf was not found innocent. The trial was simply dropped. Nevertheless, on September 9, 1991, Judge Bua granted Neidorf's motion for the "expungement and sealing" of his indictment record. The United States Secret Service was ordered to delete and destroy all fingerprints, photographs, and other records of arrest or processing relating to Neidorf's indictment, including their paper documents and their computer records.
Neidorf went back to school, blazingly determined to become a lawyer. Having seen the justice system at work, Neidorf lost much of his enthusiasm for merely technical power. At this writing, Craig Neidorf is working in Washington as a salaried researcher for the American Civil Liberties Union.
4.
The outcome of the Neidorf trial changed the EFF from voices-in-the-wilderness to the media darlings of the new frontier.
Legally speaking, the Neidorf case was not a sweeping triumph for anyone concerned. No constitutional principles had been established. The issues of "freedom of the press" for electronic publishers remained in legal limbo. There were public misconceptions about the case. Many people thought Neidorf had been found innocent and relieved of all his legal debts by Kapor. The truth was that the government had simply dropped the case, and Neidorf's family had gone deeply into hock to support him.
But the Neidorf case did provide a single, devastating, public sound-bite: The feds said it was worth eighty grand, and it was only worth thirteen bucks.
This is the Neidorf case's single most memorable element. No serious report of the case missed this particular element. Even cops could not read this without a wince and a shake of the head. It left the public credibility of the crackdown agents in tatters.
The crackdown, in fact, continued, however. Those two charges against Prophet, which had been based on the E911 Document, were quietly forgotten at his sentencing -- even though Prophet had already pled guilty to them. Georgia federal prosecutors strongly argued for jail time for the Atlanta Three, insisting on "the need to send a message to the community," "the message that hackers around the country need to hear."
There was a great deal in their sentencing memorandum about the awful things that various other hackers had done (though the Atlanta Three themselves had not, in fact, actually committed these crimes). There was also much speculation about the awful things that the Atlanta Three might have done and were capable of doing (even though they had not, in fact, actually done them). The prosecution's argument carried the day. The Atlanta Three were sent to prison: Urvile and Leftist both got 14 months each, while Prophet (a second offender) got 21 months.
The Atlanta Three were also assessed staggering fines as "restitution": $233,000 each. BellSouth claimed that the defendants had "stolen" "approximately $233,880 worth" of "proprietary computer access information" -- specifically, $233,880 worth of computer passwords and connect addresses. BellSouth's astonishing claim of the extreme value of its own computer passwords and addresses was accepted at face value by the Georgia court. Furthermore (as if to emphasize its theoretical nature) this enormous sum was not divvied up among the Atlanta Three, but each of them had to pay all of it.
A striking aspect of the sentence was that the Atlanta Three were specifically forbidden to use computers, except for work or under supervision. Depriving hackers of home computers and modems makes some sense if one considers hackers as "computer addicts," but EFF, filing an amicus brief in the case, protested that this punishment was unconstitutional -- it deprived the Atlanta Three of their rights of free association and free expression through electronic media.
Terminus, the "ultimate hacker," was finally sent to prison for a year through the dogged efforts of the Chicago Task Force. His crime, to which he pled guilty, was the transfer of the UNIX password trapper, which was officially valued by AT&T at $77,000, a figure which aroused intense skepticism among those familiar with UNIX "login.c" programs.
The jailing of Terminus and the Atlanta Legionnaires of Doom, however, did not cause the EFF any sense of embarrassment or defeat. On the contrary, the civil libertarians were rapidly gathering strength.
An early and potent supporter was Senator Patrick Leahy, Democrat from Vermont, who had been a Senate sponsor of the Electronic Communications Privacy Act. Even before the Neidorf trial, Leahy had spoken out in defense of hacker-power and freedom of the keyboard: "We cannot unduly inhibit the inquisitive 13-year-old who, if left to experiment today, may tomorrow develop the telecommunications or computer technology to lead the United States into the 21st century. He represents our future and our best hope to remain a technologically competitive nation."
It was a handsome statement, rendered perhaps rather more effective by the fact that the crackdown raiders did not have any Senators speaking out for them. On the contrary, their highly secretive actions and tactics, all "sealed search warrants" here and "confidential ongoing investigations" there, might have won them a burst of glamorous publicity at first, but were crippling them in the on-going propaganda war. Gail Thackeray was reduced to unsupported bluster: "Some of these people who are loudest on the bandwagon may just slink into the background," she predicted in Newsweek - - when all the facts came out, and the cops were vindicated.
But all the facts did not come out. Those facts that did, were not very flattering. And the cops were not vindicated. And Gail Thackeray lost her job. By the end of 1991, William Cook had also left public employment.
1990 had belonged to the crackdown, but by '91 its agents were in severe disarray, and the libertarians were on a roll. People were flocking to the cause.
A particularly interesting ally had been Mike Godwin of Austin, Texas. Godwin was an individual almost as difficult to describe as Barlow; he had been editor of the student newspaper of the University of Texas, and a computer salesman, and a programmer, and in 1990 was back in law school, looking for a law degree.
Godwin was also a bulletin board maven. He was very well-known in the Austin board community under his handle "Johnny Mnemonic," which he adopted from a cyberpunk science fiction story by William Gibson. Godwin was an ardent cyberpunk science fiction fan. As a fellow Austinite of similar age and similar interests, I myself had known Godwin socially for many years. When William Gibson and myself had been writing our collaborative SF novel, The Difference Engine, Godwin had been our technical advisor in our effort to link our Apple word-processors from Austin to Vancouver. Gibson and I were so pleased by his generous expert help that we named a character in the novel "Michael Godwin" in his honor.
The handle "Mnemonic" suited Godwin very well. His erudition and his mastery of trivia were impressive to the point of stupor; his ardent curiosity seemed insatiable, and his desire to debate and argue seemed the central drive of his life. Godwin had even started his own Austin debating society, wryly known as the "Dull Men's Club." In person, Godwin could be overwhelming; a flypaper- brained polymath who could not seem to let any idea go. On bulletin boards, however, Godwin's closely reasoned, highly grammatical, erudite posts suited the medium well, and he became a local board celebrity.
Mike Godwin was the man most responsible for the public national exposure of the Steve Jackson case. The Izenberg seizure in Austin had received no press coverage at all. The March 1 raids on Mentor, Bloodaxe, and Steve Jackson Games had received a brief front-page splash in the front page of the Austin American-Statesman, but it was confused and ill-informed: the warrants were sealed, and the Secret Service wasn't talking. Steve Jackson seemed doomed to obscurity. Jackson had not been arrested; he was not charged with any crime; he was not on trial. He had lost some computers in an ongoing investigation -- so what? Jackson tried hard to attract attention to the true extent of his plight, but he was drawing a blank; no one in a position to help him seemed able to get a mental grip on the issues.
Godwin, however, was uniquely, almost magically, qualified to carry Jackson's case to the outside world. Godwin was a board enthusiast, a science fiction fan, a former journalist, a computer salesman, a lawyer-to-be, and an Austinite. Through a coincidence yet more amazing, in his last year of law school Godwin had specialized in federal prosecutions and criminal procedure. Acting entirely on his own, Godwin made up a press packet which summarized the issues and provided useful contacts for reporters. Godwin's behind-the-scenes effort (which he carried out mostly to prove a point in a local board debate) broke the story again in the Austin American-Statesman and then in Newsweek.
Life was never the same for Mike Godwin after that. As he joined the growing civil liberties debate on the Internet, it was obvious to all parties involved that here was one guy who, in the midst of complete murk and confusion, genuinely understood everything he was talking about. The disparate elements of Godwin's dilettantish existence suddenly fell together as neatly as the facets of a Rubik's cube.
When the time came to hire a full-time EFF staff attorney, Godwin was the obvious choice. He took the Texas bar exam, left Austin, moved to Cambridge, became a full-time, professional, computer civil libertarian, and was soon touring the nation on behalf of EFF, delivering well-received addresses on the issues to crowds as disparate as academics, industrialists, science fiction fans, and federal cops.
Michael Godwin is currently the chief legal counsel of the Electronic Frontier Foundation in Cambridge, Massachusetts.
5.
Another early and influential participant in the controversy was Dorothy Denning. Dr. Denning was unique among investigators of the computer underground in that she did not enter the debate with any set of politicized motives. She was a professional cryptographer and computer security expert whose primary interest in hackers was scholarly. She had a B.A. and M.A. in mathematics, and a Ph.D. in computer science from Purdue. She had worked for SRI International, the California think-tank that was also the home of computer- security maven Donn Parker, and had authored an influential text called Cryptography and Data Security. In 1990, Dr. Denning was working for Digital Equipment Corporation in their Systems Reseach Center. Her husband, Peter Denning, was also a computer security expert, working for NASA's Research Institute for Advanced Computer Science. He had edited the well- received Computers Under Attack: Intruders, Worms and Viruses.
Dr. Denning took it upon herself to contact the digital underground, more or less with an anthropological interest. There she discovered that these computer- intruding hackers, who had been characterized as unethical, irresponsible, and a serious danger to society, did in fact have their own subculture and their own rules. They were not particularly well-considered rules, but they were, in fact, rules. Basically, they didn't take money and they didn't break anything.
Her dispassionate reports on her researches did a great deal to influence serious-minded computer professionals -- the sort of people who merely rolled their eyes at the cyberspace rhapsodies of a John Perry Barlow.
For young hackers of the digital underground, meeting Dorothy Denning was a genuinely mind-boggling experience. Here was this neatly coiffed, conservatively dressed, dainty little personage, who reminded most hackers of their moms or their aunts. And yet she was an IBM systems programmer with profound expertise in computer architectures and high-security information flow, who had personal friends in the FBI and the National Security Agency.
Dorothy Denning was a shining example of the American mathematical intelligentsia, a genuinely brilliant person from the central ranks of the computer- science elite. And here she was, gently questioning twenty-year-old hairy-eyed phone-phreaks over the deeper ethical implications of their behavior.
Confronted by this genuinely nice lady, most hackers sat up very straight and did their best to keep the anarchy- file stuff down to a faint whiff of brimstone. Nevertheless, the hackers were in fact prepared to seriously discuss serious issues with Dorothy Denning. They were willing to speak the unspeakable and defend the indefensible, to blurt out their convictions that information cannot be owned, that the databases of governments and large corporations were a threat to the rights and privacy of individuals.
Denning's articles made it clear to many that "hacking" was not simple vandalism by some evil clique of psychotics. "Hacking" was not an aberrant menace that could be charmed away by ignoring it, or swept out of existence by jailing a few ringleaders. Instead, "hacking" was symptomatic of a growing, primal struggle over knowledge and power in the age of information.
Denning pointed out that the attitude of hackers were at least partially shared by forward-looking management theorists in the business community: people like Peter Drucker and Tom Peters. Peter Drucker, in his book The New Realities, had stated that "control of information by the government is no longer possible. Indeed, information is now transnational. Like money, it has no 'fatherland.'"
And management maven Tom Peters had chided large corporations for uptight, proprietary attitudes in his bestseller, Thriving on Chaos: "Information hoarding, especially by politically motivated, power-seeking staffs, had been commonplace throughout American industry, service and manufacturing alike. It will be an impossible millstone aroung the neck of tomorrow's organizations."
Dorothy Denning had shattered the social membrane of the digital underground. She attended the Neidorf trial, where she was prepared to testify for the defense as an expert witness. She was a behind-the- scenes organizer of two of the most important national meetings of the computer civil libertarians. Though not a zealot of any description, she brought disparate elements of the electronic community into a surprising and fruitful collusion.
Dorothy Denning is currently the Chair of the Computer Science Department at Georgetown University in Washington, DC.
6.
There were many stellar figures in the civil libertarian community. There's no question, however, that its single most influential figure was Mitchell D. Kapor. Other people might have formal titles, or governmental positions, have more experience with crime, or with the law, or with the arcanities of computer security or constitutional theory. But by 1991 Kapor had transcended any such narrow role. Kapor had become "Mitch."
Mitch had become the central civil-libertarian ad- hocrat. Mitch had stood up first, he had spoken out loudly, directly, vigorously and angrily, he had put his own reputation, and his very considerable personal fortune, on the line. By mid-'91 Kapor was the best-known advocate of his cause and was known personally by almost every single human being in America with any direct influence on the question of civil liberties in cyberspace. Mitch had built bridges, crossed voids, changed paradigms, forged metaphors, made phone-calls and swapped business cards to such spectacular effect that it had become impossible for anyone to take any action in the "hacker question" without wondering what Mitch might think -- and say -- and tell his friends.
The EFF had simply networked the situation into an entirely new status quo. And in fact this had been EFF's deliberate strategy from the beginning. Both Barlow and Kapor loathed bureaucracies and had deliberately chosen to work almost entirely through the electronic spiderweb of "valuable personal contacts."
After a year of EFF, both Barlow and Kapor had every reason to look back with satisfaction. EFF had established its own Internet node, "eff.org," with a well-stocked electronic archive of documents on electronic civil rights, privacy issues, and academic freedom. EFF was also publishing EFFector, a quarterly printed journal, as well as EFFector Online, an electronic newsletter with over 1,200 subscribers. And EFF was thriving on the Well.
EFF had a national headquarters in Cambridge and a full-time staff. It had become a membership organization and was attracting grass-roots support. It had also attracted the support of some thirty civil-rights lawyers, ready and eager to do pro bono work in defense of the Constitution in Cyberspace.
EFF had lobbied successfully in Washington and in Massachusetts to change state and federal legislation on computer networking. Kapor in particular had become a veteran expert witness, and had joined the Computer Science and Telecommunications Board of the National Academy of Science and Engineering.
EFF had sponsored meetings such as "Computers, Freedom and Privacy" and the CPSR Roundtable. It had carried out a press offensive that, in the words of EFFector, "has affected the climate of opinion about computer networking and begun to reverse the slide into 'hacker hysteria' that was beginning to grip the nation."
It had helped Craig Neidorf avoid prison.
And, last but certainly not least, the Electronic Frontier Foundation had filed a federal lawsuit in the name of Steve Jackson, Steve Jackson Games Inc., and three users of the Illuminati bulletin board system. The defendants were, and are, the United States Secret Service, William Cook, Tim Foley, Barbara Golden and Henry Kleupfel.
The case, which is in pre-trial procedures in an Austin federal court as of this writing, is a civil action for damages to redress alleged violations of the First and Fourth Amendments to the United States Constitution, as well as the Privacy Protection Act of 1980 (42 USC 2000aa et seq.), and the Electronic Communications Privacy Act (18 USC 2510 et seq and 2701 et seq).
EFF had established that it had credibility. It had also established that it had teeth.
In the fall of 1991 I travelled to Massachusetts to speak personally with Mitch Kapor. It was my final interview for this book.
7.
The city of Boston has always been one of the major intellectual centers of the American republic. It is a very old city by American standards, a place of skyscrapers overshadowing seventeenth-century graveyards, where the high-tech start-up companies of Route 128 co-exist with the hand-wrought pre-industrial grace of "Old Ironsides," the USS Constitution.
The Battle of Bunker Hill, one of the first and bitterest armed clashes of the American Revolution, was fought in Boston's environs. Today there is a monumental spire on Bunker Hill, visible throughout much of the city. The willingness of the republican revolutionaries to take up arms and fire on their oppressors has left a cultural legacy that two full centuries have not effaced. Bunker Hill is still a potent center of American political symbolism, and the Spirit of '76 is still a potent image for those who seek to mold public opinion.
Of course, not everyone who wraps himself in the flag is necessarily a patriot. When I visited the spire in September 1991, it bore a huge, badly-erased, spray-can grafitto around its bottom reading "BRITS OUT -- IRA PROVOS." Inside this hallowed edifice was a glass-cased diorama of thousands of tiny toy soldiers, rebels and redcoats, fighting and dying over the green hill, the riverside marshes, the rebel trenchworks. Plaques indicated the movement of troops, the shiftings of strategy. The Bunker Hill Monument is occupied at its very center by the toy soldiers of a military war-game simulation.
The Boston metroplex is a place of great universities, prominent among the Massachusetts Institute of Technology, where the term "computer hacker" was first coined. The Hacker Crackdown of 1990 might be interpreted as a political struggle among American cities: traditional strongholds of longhair intellectual liberalism, such as Boston, San Francisco, and Austin, versus the bare-knuckle industrial pragmatism of Chicago and Phoenix (with Atlanta and New York wrapped in internal struggle).
The headquarters of the Electronic Frontier Foundation is on 155 Second Street in Cambridge, a Bostonian suburb north of the River Charles. Second Street has weedy sidewalks of dented, sagging brick and elderly cracked asphalt; large street-signs warn "NO PARKING DURING DECLARED SNOW EMERGENCY." This is an old area of modest manufacturing industries; the EFF is catecorner from the Greene Rubber Company. EFF's building is two stories of red brick; its large wooden windows feature gracefully arched tops and stone sills.
The glass window beside the Second Street entrance bears three sheets of neatly laser-printed paper, taped against the glass. They read: ON Technology. EFF. KEI.
"ON Technology" is Kapor's software company, which currently specializes in "groupware" for the Apple Macintosh computer. "Groupware" is intended to promote efficient social interaction among office-workers linked by computers. ON Technology's most successful software products to date are "Meeting Maker" and "Instant Update."
"KEI" is Kapor Enterprises Inc., Kapor's personal holding company, the commercial entity that formally controls his extensive investments in other hardware and software corporations.
"EFF" is a political action group -- of a special sort.
Inside, someone's bike has been chained to the handrails of a modest flight of stairs. A wall of modish glass brick separates this anteroom from the offices. Beyond the brick, there's an alarm system mounted on the wall, a sleek, complex little number that resembles a cross between a thermostat and a CD player. Piled against the wall are box after box of a recent special issue of Scientific American, "How to Work, Play, and Thrive in Cyberspace," with extensive coverage of electronic networking techniques and political issues, including an article by Kapor himself. These boxes are addressed to Gerard Van der Leun, EFF's Director of Communications, who will shortly mail those magazines to every member of the EFF.
The joint headquarters of EFF, KEI, and ON Technology, which Kapor currently rents, is a modestly bustling place. It's very much the same physical size as Steve Jackson's gaming company. It's certainly a far cry from the gigantic gray steel-sided railway shipping barn, on the Monsignor O'Brien Highway, that is owned by Lotus Development Corporation.
Lotus is, of course, the software giant that Mitchell Kapor founded in the late 70s. The software program Kapor co-authored, "Lotus 1-2-3," is still that company's most profitable product. "Lotus 1-2-3" also bears a singular distinction in the digital underground: it's probably the most pirated piece of application software in world history.
Kapor greets me cordially in his own office, down a hall. Kapor, whose name is pronounced KAY-por, is in his early forties, married and the father of two. He has a round face, high forehead, straight nose, a slightly tousled mop of black hair peppered with gray. His large brown eyes are wideset, reflective, one might almost say soulful. He disdains ties, and commonly wears Hawaiian shirts and tropical prints, not so much garish as simply cheerful and just that little bit anomalous.
There is just the whiff of hacker brimstone about Mitch Kapor. He may not have the hard-riding, hell-for- leather, guitar-strumming charisma of his Wyoming colleague John Perry Barlow, but there's something about the guy that still stops one short. He has the air of the Eastern city dude in the bowler hat, the dreamy, Longfellow-quoting poker shark who only happens to know the exact mathematical odds against drawing to an inside straight. Even among his computer-community colleagues, who are hardly known for mental sluggishness, Kapor strikes one forcefully as a very intelligent man. He speaks rapidly, with vigorous gestures, his Boston accent sometimes slipping to the sharp nasal tang of his youth in Long Island.
Kapor, whose Kapor Family Foundation does much of his philanthropic work, is a strong supporter of Boston's Computer Museum. Kapor's interest in the history of his industry has brought him some remarkable curios, such as the "byte" just outside his office door. This "byte" -- eight digital bits -- has been salvaged from the wreck of an electronic computer of the pre-transistor age. It's a standing gunmetal rack about the size of a small toaster- oven: with eight slots of hand-soldered breadboarding featuring thumb-sized vacuum tubes. If it fell off a table it could easily break your foot, but it was state-of-the-art computation in the 1940s. (It would take exactly 157,184 of these primordial toasters to hold the first part of this book.)
There's also a coiling, multicolored, scaly dragon that some inspired techno-punk artist has cobbled up entirely out of transistors, capacitors, and brightly plastic-coated wiring.
Inside the office, Kapor excuses himself briefly to do a little mouse-whizzing housekeeping on his personal Macintosh IIfx. If its giant screen were an open window, an agile person could climb through it without much trouble at all. There's a coffee-cup at Kapor's elbow, a memento of his recent trip to Eastern Europe, which has a black-and-white stencilled photo and the legend CAPITALIST FOOLS TOUR. It's Kapor, Barlow, and two California venture-capitalist luminaries of their acquaintance, four windblown, grinning Baby Boomer dudes in leather jackets, boots, denim, travel bags, standing on airport tarmac somewhere behind the formerly Iron Curtain. They look as if they're having the absolute time of their lives.
Kapor is in a reminiscent mood. We talk a bit about his youth -- high school days as a "math nerd," Saturdays attending Columbia University's high-school science honors program, where he had his first experience programming computers. IBM 1620s, in 1965 and '66. "I was very interested," says Kapor, "and then I went off to college and got distracted by drugs sex and rock and roll, like anybody with half a brain would have then!" After college he was a progressive-rock DJ in Hartford, Connecticut, for a couple of years.
I ask him if he ever misses his rock and roll days -- if he ever wished he could go back to radio work.
He shakes his head flatly. "I stopped thinking about going back to be a DJ the day after Altamont."
Kapor moved to Boston in 1974 and got a job programming mainframes in COBOL. He hated it. He quit and became a teacher of transcendental meditation. (It was Kapor's long flirtation with Eastern mysticism that gave the world "Lotus.")
In 1976 Kapor went to Switzerland, where the Transcendental Meditation movement had rented a gigantic Victorian hotel in St-Moritz. It was an all-male group -- a hundred and twenty of them -- determined upon Enlightenment or Bust. Kapor had given the transcendant his best shot. He was becoming disenchanted by "the nuttiness in the organization." "They were teaching people to levitate," he says, staring at the floor. His voice drops an octave, becomes flat. "They don't levitate."
Kapor chose Bust. He went back to the States and acquired a degree in counselling psychology. He worked a while in a hospital, couldn't stand that either. "My rep was," he says "a very bright kid with a lot of potential who hasn't found himself. Almost thirty. Sort of lost."
Kapor was unemployed when he bought his first personal computer -- an Apple II. He sold his stereo to raise cash and drove to New Hampshire to avoid the sales tax.
"The day after I purchased it," Kapor tells me, "I was hanging out in a computer store and I saw another guy, a man in his forties, well-dressed guy, and eavesdropped on his conversation with the salesman. He didn't know anything about computers. I'd had a year programming. And I could program in BASIC. I'd taught myself. So I went up to him, and I actually sold myself to him as a consultant." He pauses. "I don't know where I got the nerve to do this. It was uncharacteristic. I just said, 'I think I can help you, I've been listening, this is what you need to do and I think I can do it for you.' And he took me on! He was my first client! I became a computer consultant the first day after I bought the Apple II."
Kapor had found his true vocation. He attracted more clients for his consultant service, and started an Apple users' group.
A friend of Kapor's, Eric Rosenfeld, a graduate student at MIT, had a problem. He was doing a thesis on an arcane form of financial statistics, but could not wedge himself into the crowded queue for time on MIT's mainframes. (One might note at this point that if Mr. Rosenfeld had dishonestly broken into the MIT mainframes, Kapor himself might have never invented Lotus 1-2-3 and the PC business might have been set back for years!) Eric Rosenfeld did have an Apple II, however, and he thought it might be possible to scale the problem down. Kapor, as favor, wrote a program for him in BASIC that did the job.
It then occurred to the two of them, out of the blue, that it might be possible to sell this program. They marketed it themselves, in plastic baggies, for about a hundred bucks a pop, mail order. "This was a total cottage industry by a marginal consultant," Kapor says proudly. "That's how I got started, honest to God."
Rosenfeld, who later became a very prominent figure on Wall Street, urged Kapor to go to MIT's business school for an MBA. Kapor did seven months there, but never got his MBA. He picked up some useful tools -- mainly a firm grasp of the principles of accounting -- and, in his own words, "learned to talk MBA." Then he dropped out and went to Silicon Valley.
The inventors of VisiCalc, the Apple computer's premier business program, had shown an interest in Mitch Kapor. Kapor worked diligently for them for six months, got tired of California, and went back to Boston where they had better bookstores. The VisiCalc group had made the critical error of bringing in "professional management." "That drove them into the ground," Kapor says.
"Yeah, you don't hear a lot about VisiCalc these days," I muse.
Kapor looks surprised. "Well, Lotus.... we bought it."
"Oh. You bought it?"
"Yeah."
"Sort of like the Bell System buying Western Union?"
Kapor grins. "Yep! Yep! Yeah, exactly!"
Mitch Kapor was not in full command of the destiny of himself or his industry. The hottest software commodities of the early 1980s were computer games -- the Atari seemed destined to enter every teenage home in America. Kapor got into business software simply because he didn't have any particular feeling for computer games. But he was supremely fast on his feet, open to new ideas and inclined to trust his instincts. And his instincts were good. He chose good people to deal with -- gifted programmer Jonathan Sachs (the co-author of Lotus 1-2-3). Financial wizard Eric Rosenfeld, canny Wall Street analyst and venture capitalist Ben Rosen. Kapor was the founder and CEO of Lotus, one of the most spectacularly successful business ventures of the later twentieth century.
He is now an extremely wealthy man. I ask him if he actually knows how much money he has.
"Yeah," he says. "Within a percent or two."
How much does he actually have, then?
He shakes his head. "A lot. A lot. Not something I talk about. Issues of money and class are things that cut pretty close to the bone."
I don't pry. It's beside the point. One might presume, impolitely, that Kapor has at least forty million - - that's what he got the year he left Lotus. People who ought to know claim Kapor has about a hundred and fifty million, give or take a market swing in his stock holdings. If Kapor had stuck with Lotus, as his colleague friend and rival Bill Gates has stuck with his own software start-up, Microsoft, then Kapor would likely have much the same fortune Gates has -- somewhere in the neighborhood of three billion, give or take a few hundred million. Mitch Kapor has all the money he wants. Money has lost whatever charm it ever held for him -- probably not much in the first place. When Lotus became too uptight, too bureaucratic, too far from the true sources of his own satisfaction, Kapor walked. He simply severed all connections with the company and went out the door. It stunned everyone -- except those who knew him best.
Kapor has not had to strain his resources to wreak a thorough transformation in cyberspace politics. In its first year, EFF's budget was about a quarter of a million dollars. Kapor is running EFF out of his pocket change.
Kapor takes pains to tell me that he does not consider himself a civil libertarian per se. He has spent quite some time with true-blue civil libertarians lately, and there's a political-correctness to them that bugs him. They seem to him to spend entirely too much time in legal nitpicking and not enough vigorously exercising civil rights in the everyday real world.
Kapor is an entrepreneur. Like all hackers, he prefers his involvements direct, personal, and hands-on. "The fact that EFF has a node on the Internet is a great thing. We're a publisher. We're a distributor of information." Among the items the eff.org Internet node carries is back issues of Phrack. They had an internal debate about that in EFF, and finally decided to take the plunge. They might carry other digital underground publications -- but if they do, he says, "we'll certainly carry Donn Parker, and anything Gail Thackeray wants to put up. We'll turn it into a public library, that has the whole spectrum of use. Evolve in the direction of people making up their own minds." He grins. "We'll try to label all the editorials."
Kapor is determined to tackle the technicalities of the Internet in the service of the public interest. "The problem with being a node on the Net today is that you've got to have a captive technical specialist. We have Chris Davis around, for the care and feeding of the balky beast! We couldn't do it ourselves!"
He pauses. "So one direction in which technology has to evolve is much more standardized units, that a non- technical person can feel comfortable with. It's the same shift as from minicomputers to PCs. I can see a future in which any person can have a Node on the Net. Any person can be a publisher. It's better than the media we now have. It's possible. We're working actively."
Kapor is in his element now, fluent, thoroughly in command in his material. "You go tell a hardware Internet hacker that everyone should have a node on the Net," he says, "and the first thing they're going to say is, 'IP doesn't scale!'" ("IP" is the interface protocol for the Internet. As it currently exists, the IP software is simply not capable of indefinite expansion; it will run out of usable addresses, it will saturate.) "The answer," Kapor says, "is: evolve the protocol! Get the smart people together and figure out what to do. Do we add ID? Do we add new protocol? Don't just say, we can't do it."
Getting smart people together to figure out what to do is a skill at which Kapor clearly excels. I counter that people on the Internet rather enjoy their elite technical status, and don't seem particularly anxious to democratize the Net.
Kapor agrees, with a show of scorn. "I tell them that this is the snobbery of the people on the Mayflower looking down their noses at the people who came over on the second boat! Just because they got here a year, or five years, or ten years before everybody else, that doesn't give them ownership of cyberspace! By what right?"
I remark that the telcos are an electronic network, too, and they seem to guard their specialized knowledge pretty closely.
Kapor ripostes that the telcos and the Internet are entirely different animals. "The Internet is an open system, everything is published, everything gets argued about, basically by anybody who can get in. Mostly, it's exclusive and elitist just because it's so difficult. Let's make it easier to use."
On the other hand, he allows with a swift change of emphasis, the so-called elitists do have a point as well. "Before people start coming in, who are new, who want to make suggestions, and criticize the Net as 'all screwed up'.... They should at least take the time to understand the culture on its own terms. It has its own history -- show some respect for it. I'm a conservative, to that extent."
The Internet is Kapor's paradigm for the future of telecommunications. The Internet is decentralized, non- heirarchical, almost anarchic. There are no bosses, no chain of command, no secret data. If each node obeys the general interface standards, there's simply no need for any central network authority.
Wouldn't that spell the doom of AT&T as an institution? I ask.
That prospect doesn't faze Kapor for a moment. "Their big advantage, that they have now, is that they have all of the wiring. But two things are happening. Anyone with right-of-way is putting down fiber -- Southern Pacific Railroad, people like that -- there's enormous 'dark fiber' laid in." ("Dark Fiber" is fiber-optic cable, whose enormous capacity so exceeds the demands of current usage that much of the fiber still has no light-signals on it - - it's still 'dark,' awaiting future use.)
"The other thing that's happening is the local-loop stuff is going to go wireless. Everyone from Bellcore to the cable TV companies to AT&T wants to put in these things called 'personal communication systems.' So you could have local competition -- you could have multiplicity of people, a bunch of neighborhoods, sticking stuff up on poles. And a bunch of other people laying in dark fiber. So what happens to the telephone companies? There's enormous pressure on them from both sides.
"The more I look at this, the more I believe that in a post-industrial, digital world, the idea of regulated monopolies is bad. People will look back on it and say that in the 19th and 20th centuries the idea of public utilities was an okay compromise. You needed one set of wires in the ground. It was too economically inefficient, otherwise. And that meant one entity running it. But now, with pieces being wireless -- the connections are going to be via high- level interfaces, not via wires. I mean, ultimately there are going to be wires -- but the wires are just a commodity. Fiber, wireless. You no longer need a utility."
Water utilities? Gas utilities?
Of course we still need those, he agrees. "But when what you're moving is information, instead of physical substances, then you can play by a different set of rules. We're evolving those rules now! Hopefully you can have a much more decentralized system, and one in which there's more competition in the marketplace.
"The role of government will be to make sure that nobody cheats. The proverbial 'level playing field.' A policy that prevents monopolization. It should result in better service, lower prices, more choices, and local empowerment." He smiles. "I'm very big on local empowerment."
Kapor is a man with a vision. It's a very novel vision which he and his allies are working out in considerable detail and with great energy. Dark, cynical, morbid cyberpunk that I am, I cannot avoid considering some of the darker implications of "decentralized, nonhierarchical, locally empowered" networking.
I remark that some pundits have suggested that electronic networking -- faxes, phones, small-scale photocopiers -- played a strong role in dissolving the power of centralized communism and causing the collapse of the Warsaw Pact.
Socialism is totally discredited, says Kapor, fresh back from the Eastern Bloc. The idea that faxes did it, all by themselves, is rather wishful thinking.
Has it occurred to him that electronic networking might corrode America's industrial and political infrastructure to the point where the whole thing becomes untenable, unworkable -- and the old order just collapses headlong, like in Eastern Europe?
"No," Kapor says flatly. "I think that's extraordinarily unlikely. In part, because ten or fifteen years ago, I had similar hopes about personal computers -- which utterly failed to materialize." He grins wryly, then his eyes narrow. "I'm very opposed to techno-utopias. Every time I see one, I either run away, or try to kill it."
It dawns on me then that Mitch Kapor is not trying to make the world safe for democracy. He certainly is not trying to make it safe for anarchists or utopians -- least of all for computer intruders or electronic rip-off artists. What he really hopes to do is make the world safe for future Mitch Kapors. This world of decentralized, small- scale nodes, with instant global access for the best and brightest, would be a perfect milieu for the shoestring attic capitalism that made Mitch Kapor what he is today.
Kapor is a very bright man. He has a rare combination of visionary intensity with a strong practical streak. The Board of the EFF: John Barlow, Jerry Berman of the ACLU, Stewart Brand, John Gilmore, Steve Wozniak, and Esther Dyson, the doyenne of East-West computer entrepreneurism -- share his gift, his vision, and his formidable networking talents. They are people of the 1960s, winnowed-out by its turbulence and rewarded with wealth and influence. They are some of the best and the brightest that the electronic community has to offer. But can they do it, in the real world? Or are they only dreaming? They are so few. And there is so much against them.
I leave Kapor and his networking employees struggling cheerfully with the promising intricacies of their newly installed Macintosh System 7 software. The next day is Saturday. EFF is closed. I pay a few visits to points of interest downtown.
One of them is the birthplace of the telephone.
It's marked by a bronze plaque in a plinth of black- and-white speckled granite. It sits in the plaza of the John F. Kennedy Federal Building, the very place where Kapor was once fingerprinted by the FBI.
The plaque has a bas-relief picture of Bell's original telephone. "BIRTHPLACE OF THE TELEPHONE," it reads. "Here, on June 2, 1875, Alexander Graham Bell and Thomas A. Watson first transmitted sound over wires.
"This successful experiment was completed in a fifth floor garret at what was then 109 Court Street and marked the beginning of world-wide telephone service."
109 Court Street is long gone. Within sight of Bell's plaque, across a street, is one of the central offices of NYNEX, the local Bell RBOC, on 6 Bowdoin Square.
I cross the street and circle the telco building, slowly, hands in my jacket pockets. It's a bright, windy, New England autumn day. The central office is a handsome 1940s-era megalith in late Art Deco, eight stories high.
Parked outside the back is a power-generation truck. The generator strikes me as rather anomalous. Don't they already have their own generators in this eight-story monster? Then the suspicion strikes me that NYNEX must have heard of the September 17 AT&T power-outage which crashed New York City. Belt-and-suspenders, this generator. Very telco.
Over the glass doors of the front entrance is a handsome bronze bas-relief of Art Deco vines, sunflowers, and birds, entwining the Bell logo and the legend NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY -- an entity which no longer officially exists.
The doors are locked securely. I peer through the shadowed glass. Inside is an official poster reading:
New England Telephone a NYNEX Company
ATTENTION
All persons while on New England Telephone Company premises are required to visibly wear their identification cards (C.C.P. Section 2, Page 1).
Visitors, vendors, contractors, and all others are required to visibly wear a daily pass.
Thank you.
Kevin C. Stanton. Building Security Coordinator.
Outside, around the corner, is a pull-down ribbed metal security door, a locked delivery entrance. Some passing stranger has grafitti-tagged this door, with a single word in red spray-painted cursive:
Fury
8.
My book on the Hacker Crackdown is almost over now. I have deliberately saved the best for last.
In February 1991, I attended the CPSR Public Policy Roundtable, in Washington, DC. CPSR, Computer Professionals for Social Responsibility, was a sister organization of EFF, or perhaps its aunt, being older and perhaps somewhat wiser in the ways of the world of politics.
Computer Professionals for Social Responsibility began in 1981 in Palo Alto, as an informal discussion group of Californian computer scientists and technicians, united by nothing more than an electronic mailing list. This typical high-tech ad-hocracy received the dignity of its own acronym in 1982, and was formally incorporated in 1983.
CPSR lobbied government and public alike with an educational outreach effort, sternly warning against any foolish and unthinking trust in complex computer systems. CPSR insisted that mere computers should never be considered a magic panacea for humanity's social, ethical or political problems. CPSR members were especially troubled about the stability, safety, and dependability of military computer systems, and very especially troubled by those systems controlling nuclear arsenals. CPSR was best-known for its persistent and well- publicized attacks on the scientific credibility of the Strategic Defense Initiative ("Star Wars").
In 1990, CPSR was the nation's veteran cyber-political activist group, with over two thousand members in twenty- one local chapters across the US. It was especially active in Boston, Silicon Valley, and Washington DC, where its Washington office sponsored the Public Policy Roundtable.
The Roundtable, however, had been funded by EFF, which had passed CPSR an extensive grant for operations. This was the first large-scale, official meeting of what was to become the electronic civil libertarian community.
Sixty people attended, myself included -- in this instance, not so much as a journalist as a cyberpunk author. Many of the luminaries of the field took part: Kapor and Godwin as a matter of course. Richard Civille and Marc Rotenberg of CPSR. Jerry Berman of the ACLU. John Quarterman, author of The Matrix. Steven Levy, author of Hackers. George Perry and Sandy Weiss of Prodigy Services, there to network about the civil-liberties troubles their young commercial network was experiencing. Dr. Dorothy Denning. Cliff Figallo, manager of the Well. Steve Jackson was there, having finally found his ideal target audience, and so was Craig Neidorf, "Knight Lightning" himself, with his attorney, Sheldon Zenner. Katie Hafner, science journalist, and co- author of Cyberpunk: Outlaws and Hackers on the Computer Frontier. Dave Farber, ARPAnet pioneer and fabled Internet guru. Janlori Goldman of the ACLU's Project on Privacy and Technology. John Nagle of Autodesk and the Well. Don Goldberg of the House Judiciary Committee. Tom Guidoboni, the defense attorney in the Internet Worm case. Lance Hoffman, computer-science professor at The George Washington University. Eli Noam of Columbia. And a host of others no less distinguished.
Senator Patrick Leahy delivered the keynote address, expressing his determination to keep ahead of the curve on the issue of electronic free speech. The address was well-received, and the sense of excitement was palpable. Every panel discussion was interesting -- some were entirely compelling. People networked with an almost frantic interest.
I myself had a most interesting and cordial lunch discussion with Noel and Jeanne Gayler, Admiral Gayler being a former director of the National Security Agency. As this was the first known encounter between an actual no-kidding cyberpunk and a chief executive of America's largest and best-financed electronic espionage apparat, there was naturally a bit of eyebrow-raising on both sides.
Unfortunately, our discussion was off-the-record. In fact all the discussions at the CPSR were officially off- the- record, the idea being to do some serious networking in an atmosphere of complete frankness, rather than to stage a media circus.
In any case, CPSR Roundtable, though interesting and intensely valuable, was as nothing compared to the truly mind-boggling event that transpired a mere month later.
9.
"Computers, Freedom and Privacy." Four hundred people from every conceivable corner of America's electronic community. As a science fiction writer, I have been to some weird gigs in my day, but this thing is truly beyond the pale. Even "Cyberthon," Point Foundation's "Woodstock of Cyberspace" where Bay Area psychedelia collided headlong with the emergent world of computerized virtual reality, was like a Kiwanis Club gig compared to this astonishing do.
The "electronic community" had reached an apogee. Almost every principal in this book is in attendance. Civil Libertarians. Computer Cops. The Digital Underground. Even a few discreet telco people. Colorcoded dots for lapel tags are distributed. Free Expression issues. Law Enforcement. Computer Security. Privacy. Journalists. Lawyers. Educators. Librarians. Programmers. Stylish punk-black dots for the hackers and phone phreaks. Almost everyone here seems to wear eight or nine dots, to have six or seven professional hats.
It is a community. Something like Lebanon perhaps, but a digital nation. People who had feuded all year in the national press, people who entertained the deepest suspicions of one another's motives and ethics, are now in each others' laps. "Computers, Freedom and Privacy" had every reason in the world to turn ugly, and yet except for small irruptions of puzzling nonsense from the convention's token lunatic, a surprising bonhomie reigned. CFP was like a wedding-party in which two lovers, unstable bride and charlatan groom, tie the knot in a clearly disastrous matrimony.
It is clear to both families -- even to neighbors and random guests -- that this is not a workable relationship, and yet the young couple's desperate attraction can brook no further delay. They simply cannot help themselves. Crockery will fly, shrieks from their newlywed home will wake the city block, divorce waits in the wings like a vulture over the Kalahari, and yet this is a wedding, and there is going to be a child from it. Tragedies end in death; comedies in marriage. The Hacker Crackdown is ending in marriage. And there will be a child.
From the beginning, anomalies reign. John Perry Barlow, cyberspace ranger, is here. His color photo in The New York Times Magazine, Barlow scowling in a grim Wyoming snowscape, with long black coat, dark hat, a Macintosh SE30 propped on a fencepost and an awesome frontier rifle tucked under one arm, will be the single most striking visual image of the Hacker Crackdown. And he is CFP's guest of honor -- along with Gail Thackeray of the FCIC! What on earth do they expect these dual guests to do with each other? Waltz?
Barlow delivers the first address. Uncharacteristically, he is hoarse -- the sheer volume of roadwork has worn him down. He speaks briefly, congenially, in a plea for conciliation, and takes his leave to a storm of applause.
Then Gail Thackeray takes the stage. She's visibly nervous. She's been on the Well a lot lately. Reading those Barlow posts. Following Barlow is a challenge to anyone. In honor of the famous lyricist for the Grateful Dead, she announces reedily, she is going to read -- a poem. A poem she has composed herself.
It's an awful poem, doggerel in the rollicking meter of Robert W. Service's The Cremation of Sam McGee, but it is in fact, a poem. It's the Ballad of the Electronic Frontier! A poem about the Hacker Crackdown and the sheer unlikelihood of CFP. It's full of in-jokes. The score or so cops in the audience, who are sitting together in a nervous claque, are absolutely cracking-up. Gail's poem is the funniest goddamn thing they've ever heard. The hackers and civil-libs, who had this woman figured for Ilsa She-Wolf of the SS, are staring with their jaws hanging loosely. Never in the wildest reaches of their imagination had they figured Gail Thackeray was capable of such a totally off-the-wall move. You can see them punching their mental CONTROL-RESET buttons. Jesus! This woman's a hacker weirdo! She's just like us! God, this changes everything!
Al Bayse, computer technician for the FBI, had been the only cop at the CPSR Roundtable, dragged there with his arm bent by Dorothy Denning. He was guarded and tightlipped at CPSR Roundtable; a "lion thrown to the Christians."
At CFP, backed by a claque of cops, Bayse suddenly waxes eloquent and even droll, describing the FBI's "NCIC 2000", a gigantic digital catalog of criminal records, as if he has suddenly become some weird hybrid of George Orwell and George Gobel. Tentatively, he makes an arcane joke about statistical analysis. At least a third of the crowd laughs aloud.
"They didn't laugh at that at my last speech," Bayse observes. He had been addressing cops -- straight cops, not computer people. It had been a worthy meeting, useful one supposes, but nothing like this. There has never been anything like this. Without any prodding, without any preparation, people in the audience simply begin to ask questions. Longhairs, freaky people, mathematicians. Bayse is answering, politely, frankly, fully, like a man walking on air. The ballroom's atmosphere crackles with surreality. A female lawyer behind me breaks into a sweat and a hot waft of surprisingly potent and musky perfume flows off her pulse-points.
People are giddy with laughter. People are interested, fascinated, their eyes so wide and dark that they seem eroticized. Unlikely daisy-chains form in the halls, around the bar, on the escalators: cops with hackers, civil rights with FBI, Secret Service with phone phreaks.
Gail Thackeray is at her crispest in a white wool sweater with a tiny Secret Service logo. "I found Phiber Optik at the payphones, and when he saw my sweater, he turned into a pillar of salt!" she chortles.
Phiber discusses his case at much length with his arresting officer, Don Delaney of the New York State Police. After an hour's chat, the two of them look ready to begin singing "Auld Lang Syne." Phiber finally finds the courage to get his worst complaint off his chest. It isn't so much the arrest. It was the charge. Pirating service off 900 numbers. I'm a programmer, Phiber insists. This lame charge is going to hurt my reputation. It would have been cool to be busted for something happening, like Section 1030 computer intrusion. Maybe some kind of crime that's scarcely been invented yet. Not lousy phone fraud. Phooey.
Delaney seems regretful. He had a mountain of possible criminal charges against Phiber Optik. The kid's gonna plead guilty anyway. He's a first timer, they always plead. Coulda charged the kid with most anything, and gotten the same result in the end. Delaney seems genuinely sorry not to have gratified Phiber in this harmless fashion. Too late now. Phiber's pled already. All water under the bridge. Whaddya gonna do?
Delaney's got a good grasp on the hacker mentality. He held a press conference after he busted a bunch of Masters of Deception kids. Some journo had asked him: "Would you describe these people as geniuses?" Delaney's deadpan answer, perfect: "No, I would describe these people as defendants." Delaney busts a kid for hacking codes with repeated random dialling. Tells the press that NYNEX can track this stuff in no time flat nowadays, and a kid has to be stupid to do something so easy to catch. Dead on again: hackers don't mind being thought of as Genghis Khan by the straights, but if there's anything that really gets 'em where they live, it's being called dumb.
Won't be as much fun for Phiber next time around. As a second offender he's gonna see prison. Hackers break the law. They're not geniuses, either. They're gonna be defendants. And yet, Delaney muses over a drink in the hotel bar, he has found it impossible to treat them as common criminals. Delaney knows criminals. These kids, by comparison, are clueless -- there is just no crook vibe off of them, they don't smell right, they're just not bad.
Delaney has seen a lot of action. He did Vietnam. He's been shot at, he has shot people. He's a homicide cop from New York. He has the appearance of a man who has not only seen the shit hit the fan but has seen it splattered across whole city blocks and left to ferment for years. This guy has been around.
He listens to Steve Jackson tell his story. The dreamy game strategist has been dealt a bad hand. He has played it for all he is worth. Under his nerdish SF-fan exterior is a core of iron. Friends of his say Steve Jackson believes in the rules, believes in fair play. He will never compromise his principles, never give up. "Steve," Delaney says to Steve Jackson, "they had some balls, whoever busted you. You're all right!" Jackson, stunned, falls silent and actually blushes with pleasure.
Neidorf has grown up a lot in the past year. The kid is a quick study, you gotta give him that. Dressed by his mom, the fashion manager for a national clothing chain, Missouri college techie-frat Craig Neidorf out-dappers everyone at this gig but the toniest East Coast lawyers. The iron jaws of prison clanged shut without him and now law school beckons for Neidorf. He looks like a larval Congressman.
Not a "hacker," our Mr. Neidorf. He's not interested in computer science. Why should he be? He's not interested in writing C code the rest of his life, and besides, he's seen where the chips fall. To the world of computer science he and Phrack were just a curiosity. But to the world of law.... The kid has learned where the bodies are buried. He carries his notebook of press clippings wherever he goes.
Phiber Optik makes fun of Neidorf for a Midwestern geek, for believing that "Acid Phreak" does acid and listens to acid rock. Hell no. Acid's never done acid! Acid's into acid house music. Jesus. The very idea of doing LSD. Our parents did LSD, ya clown.
Thackeray suddenly turns upon Craig Neidorf the full lighthouse glare of her attention and begins a determined half-hour attempt to win the boy over. The Joan of Arc of Computer Crime is giving career advice to Knight Lightning! "Your experience would be very valuable -- a real asset," she tells him with unmistakeable sixty-thousand-watt sincerity. Neidorf is fascinated. He listens with unfeigned attention. He's nodding and saying yes ma'am. Yes, Craig, you too can forget all about money and enter the glamorous and horribly underpaid world of PROSECUTING COMPUTER CRIME! You can put your former friends in prison -- ooops....
You cannot go on dueling at modem's length indefinitely. You cannot beat one another senseless with rolled-up press-clippings. Sooner or later you have to come directly to grips. And yet the very act of assembling here has changed the entire situation drastically. John Quarterman, author of The Matrix, explains the Internet at his symposium. It is the largest news network in the world, it is growing by leaps and bounds, and yet you cannot measure Internet because you cannot stop it in place. It cannot stop, because there is no one anywhere in the world with the authority to stop Internet. It changes, yes, it grows, it embeds itself across the post-industrial, postmodern world and it generates community wherever it touches, and it is doing this all by itself.
Phiber is different. A very fin de siecle kid, Phiber Optik. Barlow says he looks like an Edwardian dandy. He does rather. Shaven neck, the sides of his skull cropped hip-hop close, unruly tangle of black hair on top that looks pomaded, he stays up till four a.m. and misses all the sessions, then hangs out in payphone booths with his acoustic coupler gutsily CRACKING SYSTEMS RIGHT IN THE MIDST OF THE HEAVIEST LAW ENFORCEMENT DUDES IN THE U.S., or at least pretending to.... Unlike "Frank Drake." Drake, who wrote Dorothy Denning out of nowhere, and asked for an interview for his cheapo cyberpunk fanzine, and then started grilling her on her ethics. She was squirmin', too.... Drake, scarecrow-tall with his floppy blond mohawk, rotting tennis shoes and black leather jacket lettered ILLUMINATI in red, gives off an unmistakeable air of the bohemian literatus. Drake is the kind of guy who reads British industrial design magazines and appreciates William Gibson because the quality of the prose is so tasty. Drake could never touch a phone or a keyboard again, and he'd still have the nose- ring and the blurry photocopied fanzines and the sampled industrial music. He's a radical punk with a desktop- publishing rig and an Internet address. Standing next to Drake, the diminutive Phiber looks like he's been physically coagulated out of phone-lines. Born to phreak.
Dorothy Denning approaches Phiber suddenly. The two of them are about the same height and body-build. Denning's blue eyes flash behind the round window- frames of her glasses. "Why did you say I was 'quaint?'" she asks Phiber, quaintly.
It's a perfect description but Phiber is nonplussed... "Well, I uh, you know...."
"I also think you're quaint, Dorothy," I say, novelist to the rescue, the journo gift of gab... She is neat and dapper and yet there's an arcane quality to her, something like a Pilgrim Maiden behind leaded glass; if she were six inches high Dorothy Denning would look great inside a china cabinet... The Cryptographeress.... The Cryptographrix... whatever... Weirdly, Peter Denning looks just like his wife, you could pick this gentleman out of a thousand guys as the soulmate of Dorothy Denning. Wearing tailored slacks, a spotless fuzzy varsity sweater, and a neatly knotted academician's tie.... This fineboned, exquisitely polite, utterly civilized and hyperintelligent couple seem to have emerged from some cleaner and finer parallel universe, where humanity exists to do the Brain Teasers column in Scientific American. Why does this Nice Lady hang out with these unsavory characters?
Because the time has come for it, that's why. Because she's the best there is at what she does.
Donn Parker is here, the Great Bald Eagle of Computer Crime.... With his bald dome, great height, and enormous Lincoln-like hands, the great visionary pioneer of the field plows through the lesser mortals like an icebreaker.... His eyes are fixed on the future with the rigidity of a bronze statue.... Eventually, he tells his audience, all business crime will be computer crime, because businesses will do everything through computers. "Computer crime" as a category will vanish.
In the meantime, passing fads will flourish and fail and evaporate.... Parker's commanding, resonant voice is sphinxlike, everything is viewed from some eldritch valley of deep historical abstraction... Yes, they've come and they've gone, these passing flaps in the world of digital computation.... The radio-frequency emanation scandal... KGB and MI5 and CIA do it every day, it's easy, but nobody else ever has.... The salami-slice fraud, mostly mythical... "Crimoids," he calls them.... Computer viruses are the current crimoid champ, a lot less dangerous than most people let on, but the novelty is fading and there's a crimoid vacuum at the moment, the press is visibly hungering for something more outrageous.... The Great Man shares with us a few speculations on the coming crimoids.... Desktop Forgery! Wow.... Computers stolen just for the sake of the information within them -- data- napping! Happened in Britain a while ago, could be the coming thing.... Phantom nodes in the Internet!
Parker handles his overhead projector sheets with an ecclesiastical air... He wears a grey double-breasted suit, a light blue shirt, and a very quiet tie of understated maroon and blue paisley... Aphorisms emerge from him with slow, leaden emphasis... There is no such thing as an adequately secure computer when one faces a sufficiently powerful adversary.... Deterrence is the most socially useful aspect of security... People are the primary weakness in all information systems... The entire baseline of computer security must be shifted upward.... Don't ever violate your security by publicly describing your security measures...
People in the audience are beginning to squirm, and yet there is something about the elemental purity of this guy's philosophy that compels uneasy respect.... Parker sounds like the only sane guy left in the lifeboat, sometimes. The guy who can prove rigorously, from deep moral principles, that Harvey there, the one with the broken leg and the checkered past, is the one who has to be, err.... that is, Mr. Harvey is best placed to make the necessary sacrifice for the security and indeed the very survival of the rest of this lifeboat's crew.... Computer security, Parker informs us mournfully, is a nasty topic, and we wish we didn't have to have it... The security expert, armed with method and logic, must think -- imagine -- everything that the adversary might do before the adversary might actually do it. It is as if the criminal's dark brain were an extensive subprogram within the shining cranium of Donn Parker. He is a Holmes whose Moriarty does not quite yet exist and so must be perfectly simulated.
CFP is a stellar gathering, with the giddiness of a wedding. It is a happy time, a happy ending, they know their world is changing forever tonight, and they're proud to have been there to see it happen, to talk, to think, to help.
And yet as night falls, a certain elegiac quality manifests itself, as the crowd gathers beneath the chandeliers with their wineglasses and dessert plates. Something is ending here, gone forever, and it takes a while to pinpoint it.
It is the End of the Amateurs.
Afterword: The Hacker Crackdown Three Years Later
Three years in cyberspace is like thirty years anyplace real. It feels as if a generation has passed since I wrote this book. In terms of the generations of computing machinery involved, that's pretty much the case.
The basic shape of cyberspace has changed drastically since 1990. A new U.S. Administration is in power whose personnel are, if anything, only too aware of the nature and potential of electronic networks. It's now clear to all players concerned that the status quo is dead-and-gone in American media and telecommunications, and almost any territory on the electronic frontier is up for grabs. Interactive multimedia, cable-phone alliances, the Information Superhighway, fiber-to-the-curb, laptops and palmtops, the explosive growth of cellular and the Internet -- the earth trembles visibly.
The year 1990 was not a pleasant one for AT&T. By 1993, however, AT&T had successfully devoured the computer company NCR in an unfriendly takeover, finally giving the pole-climbers a major piece of the digital action. AT&T managed to rid itself of ownership of the troublesome UNIX operating system, selling it to Novell, a netware company, which was itself preparing for a savage market dust-up with operating-system titan Microsoft. Furthermore, AT&T acquired McCaw Cellular in a gigantic merger, giving AT&T a potential wireless whip-hand over its former progeny, the RBOCs. The RBOCs themselves were now AT&T's clearest potential rivals, as the Chinese firewalls between regulated monopoly and frenzied digital entrepreneurism began to melt and collapse headlong.
AT&T, mocked by industry analysts in 1990, was reaping awestruck praise by commentators in 1993. AT&T had managed to avoid any more major software crashes in its switching stations. AT&T's newfound reputation as "the nimble giant" was all the sweeter, since AT&T's traditional rival giant in the world of multinational computing, IBM, was almost prostrate by 1993. IBM's vision of the commercial computer-network of the future, "Prodigy," had managed to spend $900 million without a whole heck of a lot to show for it, while AT&T, by contrast, was boldly speculating on the possibilities of personal communicators and hedging its bets with investments in handwritten interfaces. In 1990 AT&T had looked bad; but in 1993 AT&T looked like the future.
At least, AT&T's *advertising* looked like the future. Similar public attention was riveted on the massive $22 billion megamerger between RBOC Bell Atlantic and cable-TV giant Tele-Communications Inc. Nynex was buying into cable company Viacom International. BellSouth was buying stock in Prime Management, Southwestern Bell acquiring a cable company in Washington DC, and so forth. By stark contrast, the Internet, a noncommercial entity which officially did not even exist, had no advertising budget at all. And yet, almost below the level of governmental and corporate awareness, the Internet was stealthily devouring everything in its path, growing at a rate that defied comprehension. Kids who might have been eager computer-intruders a mere five years earlier were now surfing the Internet, where their natural urge to explore led them into cyberspace landscapes of such mindboggling vastness that the very idea of hacking passwords seemed rather a waste of time.
By 1993, there had not been a solid, knock 'em down, panic-striking, teenage-hacker computer-intrusion scandal in many long months. There had, of course, been some striking and well-publicized acts of illicit computer access, but they had been committed by adult white-collar industry insiders in clear pursuit of personal or commercial advantage. The kids, by contrast, all seemed to be on IRC, Internet Relay Chat.
Or, perhaps, frolicking out in the endless glass-roots network of personal bulletin board systems. In 1993, there were an estimated 60,000 boards in America; the population of boards had fully doubled since Operation Sundevil in 1990. The hobby was transmuting fitfully into a genuine industry. The board community were no longer obscure hobbyists; many were still hobbyists and proud of it, but board sysops and advanced board users had become a far more cohesive and politically aware community, no longer allowing themselves to be obscure.
The specter of cyberspace in the late 1980s, of outwitted authorities trembling in fear before teenage hacker whiz-kids, seemed downright antiquated by 1993. Law enforcement emphasis had changed, and the favorite electronic villain of 1993 was not the vandal child, but the victimizer of children, the digital child pornographer. "Operation Longarm," a child-pornography computer raid carried out by the previously little-known cyberspace rangers of the U.S. Customs Service, was almost the size of Operation Sundevil, but received very little notice by comparison.
The huge and well-organized "Operation Disconnect," an FBI strike against telephone rip-off con-artists, was actually larger than Sundevil. "Operation Disconnect" had its brief moment in the sun of publicity, and then vanished utterly. It was unfortunate that a law-enforcement affair as apparently well-conducted as Operation Disconnect, which pursued telecom adult career criminals a hundred times more morally repugnant than teenage hackers, should have received so little attention and fanfare, especially compared to the abortive Sundevil and the basically disastrous efforts of the Chicago Computer Fraud and Abuse Task Force. But the life of an electronic policeman is seldom easy.
If any law enforcement event truly deserved full-scale press coverage (while somehow managing to escape it), it was the amazing saga of New York State Police Senior Investigator Don Delaney Versus the Orchard Street Finger-Hackers. This story probably represents the real future of professional telecommunications crime in America. The finger-hackers sold, and still sell, stolen long-distance phone service to a captive clientele of illegal aliens in New York City. This clientele is desperate to call home, yet as a group, illegal aliens have few legal means of obtaining standard phone service, since their very presence in the United States is against the law. The finger-hackers of Orchard Street were very unusual "hackers," with an astonishing lack of any kind of genuine technological knowledge. And yet these New York call-sell thieves showed a street-level ingenuity appalling in its single-minded sense of larceny.
There was no dissident-hacker rhetoric about freedom-of-information among the finger-hackers. Most of them came out of the cocaine-dealing fraternity, and they retailed stolen calls with the same street-crime techniques of lookouts and bagholders that a crack gang would employ. This was down-and-dirty, urban, ethnic, organized crime, carried out by crime families every day, for cash on the barrelhead, in the harsh world of the streets. The finger-hackers dominated certain payphones in certain strikingly unsavory neighborhoods. They provided a service no one else would give to a clientele with little to lose.
With such a vast supply of electronic crime at hand, Don Delaney rocketed from a background in homicide to teaching telecom crime at FLETC in less than three years. Few can rival Delaney's hands-on, street-level experience in phone fraud. Anyone in 1993 who still believes telecommunications crime to be something rare and arcane should have a few words with Mr Delaney. Don Delaney has also written two fine essays, on telecom fraud and computer crime, in Joseph Grau's *Criminal and Civil Investigations Handbook* (McGraw Hill 1993).
- Phrack* was still publishing in 1993, now under the able editorship of Erik Bloodaxe. Bloodaxe made a determined attempt to get law enforcement and corporate security to pay real money for their electronic copies of *Phrack,* but, as usual, these stalwart defenders of intellectual property preferred to pirate the magazine. Bloodaxe has still not gotten back any of his property from the seizure raids of March 1, 1990. Neither has the Mentor, who is still the managing editor of Steve Jackson Games.
Nor has Robert Izenberg, who has suspended his court struggle to get his machinery back. Mr Izenberg has calculated that his $20,000 of equipment seized in 1990 is, in 1993, worth $4,000 at most. The missing software, also gone out his door, was long ago replaced. He might, he says, sue for the sake of principle, but he feels that the people who seized his machinery have already been discredited, and won't be doing any more seizures. And even if his machinery were returned -- and in good repair, which is doubtful -- it will be essentially worthless by 1995. Robert Izenberg no longer works for IBM, but has a job programming for a major telecommunications company in Austin.
Steve Jackson won his case against the Secret Service on March 12, 1993, just over three years after the federal raid on his enterprise. Thanks to the delaying tactics available through the legal doctrine of "qualified immunity," Jackson was tactically forced to drop his suit against the individuals William Cook, Tim Foley, Barbara Golden and Henry Kluepfel. (Cook, Foley, Golden and Kluepfel did, however, testify during the trial.)
The Secret Service fought vigorously in the case, battling Jackson's lawyers right down the line, on the (mostly previously untried) legal turf of the Electronic Communications Privacy Act and the Privacy Protection Act of 1980. The Secret Service denied they were legally or morally responsible for seizing the work of a publisher. They claimed that (1) Jackson's gaming "books" weren't real books anyhow, and (2) the Secret Service didn't realize SJG Inc was a "publisher" when they raided his offices, and (3) the books only vanished by accident because they merely happened to be inside the computers the agents were appropriating.
The Secret Service also denied any wrongdoing in reading and erasing all the supposedly "private" e-mail inside Jackson's seized board, Illuminati. The USSS attorneys claimed the seizure did not violate the Electronic Communications Privacy Act, because they weren't actually "intercepting" electronic mail that was moving on a wire, but only electronic mail that was quietly sitting on a disk inside Jackson's computer. They also claimed that USSS agents hadn't read any of the private mail on Illuminati; and anyway, even supposing that they had, they were allowed to do that by the subpoena.
The Jackson case became even more peculiar when the Secret Service attorneys went so far as to allege that the federal raid against the gaming company had actually *improved Jackson's business* thanks to the ensuing nationwide publicity.
It was a long and rather involved trial. The judge seemed most perturbed, not by the arcane matters of electronic law, but by the fact that the Secret Service could have avoided almost all the consequent trouble simply by giving Jackson his computers back in short order. The Secret Service easily could have looked at everything in Jackson's computers, recorded everything, and given the machinery back, and there would have been no major scandal or federal court suit. On the contrary, everybody simply would have had a good laugh. Unfortunately, it appeared that this idea had never entered the heads of the Chicago-based investigators. They seemed to have concluded unilaterally, and without due course of law, that the world would be better off if Steve Jackson didn't have computers. Golden and Foley claimed that they had both never even heard of the Privacy Protection Act. Cook had heard of the Act, but he'd decided on his own that the Privacy Protection Act had nothing to do with Steve Jackson.
The Jackson case was also a very politicized trial, both sides deliberately angling for a long-term legal precedent that would stake-out big claims for their interests in cyberspace. Jackson and his EFF advisors tried hard to establish that the least e-mail remark of the lonely electronic pamphleteer deserves the same somber civil-rights protection as that afforded *The New York Times.* By stark contrast, the Secret Service's attorneys argued boldly that the contents of an electronic bulletin board have no more expectation of privacy than a heap of postcards. In the final analysis, very little was firmly nailed down. Formally, the legal rulings in the Jackson case apply only in the federal Western District of Texas. It was, however, established that these were real civil-liberties issues that powerful people were prepared to go to the courthouse over; the seizure of bulletin board systems, though it still goes on, can be a perilous act for the seizer. The Secret Service owes Steve Jackson $50,000 in damages, and a thousand dollars each to three of Jackson's angry and offended board users. And Steve Jackson, rather than owning the single-line bulletin board system "Illuminati" seized in 1990, now rejoices in possession of a huge privately-owned Internet node, "io.com," with dozens of phone-lines on its own T-1 trunk.
Jackson has made the entire blow-by-blow narrative of his case available electronically, for interested parties. And yet, the Jackson case may still not be over; a Secret Service appeal seems likely and the EFF is also gravely dissatisfied with the ruling on electronic interception.
The WELL, home of the American electronic civil libertarian movement, added two thousand more users and dropped its aging Sequent computer in favor of a snappy new Sun Sparcstation. Search-and-seizure dicussions on the WELL are now taking a decided back-seat to the current hot topic in digital civil liberties, unbreakable public-key encryption for private citizens.
The Electronic Frontier Foundation left its modest home in Boston to move inside the Washington Beltway of the Clinton Administration. Its new executive director, ECPA pioneer and longtime ACLU activist Jerry Berman, gained a reputation of a man adept as dining with tigers, as the EFF devoted its attention to networking at the highest levels of the computer and telecommunications industry. EFF's pro-encryption lobby and anti-wiretapping initiative were especially impressive, successfully assembling a herd of highly variegated industry camels under the same EFF tent, in open and powerful opposition to the electronic ambitions of the FBI and the NSA.
EFF had transmuted at light-speed from an insurrection to an institution. EFF Co-Founder Mitch Kapor once again sidestepped the bureaucratic consequences of his own success, by remaining in Boston and adapting the role of EFF guru and gray eminence. John Perry Barlow, for his part, left Wyoming, quit the Republican Party, and moved to New York City, accompanied by his swarm of cellular phones. Mike Godwin left Boston for Washington as EFF's official legal adviser to the electronically afflicted.
After the Neidorf trial, Dorothy Denning further proved her firm scholastic independence-of-mind by speaking up boldly on the usefulness and social value of federal wiretapping. Many civil libertarians, who regarded the practice of wiretapping with deep occult horror, were crestfallen to the point of comedy when nationally known "hacker sympathizer" Dorothy Denning sternly defended police and public interests in official eavesdropping. However, no amount of public uproar seemed to swerve the "quaint" Dr. Denning in the slightest. She not only made up her own mind, she made it up in public and then stuck to her guns.
In 1993, the stalwarts of the Masters of Deception, Phiber Optik, Acid Phreak and Scorpion, finally fell afoul of the machineries of legal prosecution. Acid Phreak and Scorpion were sent to prison for six months, six months of home detention, 750 hours of community service, and, oddly, a $50 fine for conspiracy to commit computer crime. Phiber Optik, the computer intruder with perhaps the highest public profile in the entire world, took the longest to plead guilty, but, facing the possibility of ten years in jail, he finally did so. He was sentenced to a year and a day in prison.
As for the Atlanta wing of the Legion of Doom, Prophet, Leftist and Urvile... Urvile now works for a software company in Atlanta. He is still on probation and still repaying his enormous fine. In fifteen months, he will once again be allowed to own a personal computer. He is still a convicted federal felon, but has not had any legal difficulties since leaving prison. He has lost contact with Prophet and Leftist. Unfortunately, so have I, though not through lack of honest effort.
Knight Lightning, now 24, is a technical writer for the federal government in Washington DC. He has still not been accepted into law school, but having spent more than his share of time in the company of attorneys, he's come to think that maybe an MBA would be more to the point. He still owes his attorneys $30,000, but the sum is dwindling steadily since he is manfully working two jobs. Knight Lightning customarily wears a suit and tie and carries a valise. He has a federal security clearance.
Unindicted *Phrack* co-editor Taran King is also a technical writer in Washington DC, and recently got married.
Terminus did his time, got out of prison, and currently lives in Silicon Valley where he is running a full-scale Internet node, "netsys.com." He programs professionally for a company specializing in satellite links for the Internet.
Carlton Fitzpatrick still teaches at the Federal Law Enforcement Training Center, but FLETC found that the issues involved in sponsoring and running a bulletin board system are rather more complex than they at first appear to be.
Gail Thackeray briefly considered going into private security, but then changed tack, and joined the Maricopa County District Attorney's Office (with a salary). She is still vigorously prosecuting electronic racketeering in Phoenix, Arizona.
The fourth consecutive Computers, Freedom and Privacy Conference will take place in March 1994 in Chicago.
As for Bruce Sterling... well *8-). I thankfully abandoned my brief career as a true-crime journalist and wrote a new science fiction novel, *Heavy Weather,* and assembled a new collection of short stories, *Globalhead.* I also write nonfiction regularly, for the popular-science column in *The Magazine of Fantasy and Science Fiction.*
I like life better on the far side of the boundary between fantasy and reality; but I've come to recognize that reality has an unfortunate way of annexing fantasy for its own purposes. That's why I'm on the Police Liaison Committee for EFF-Austin, a local electronic civil liberties group (eff-austin@tic.com). I don't think I will ever get over my experience of the Hacker Crackdown, and I expect to be involved in electronic civil liberties activism for the rest of my life.
It wouldn't be hard to find material for another book on computer crime and civil liberties issues. I truly believe that I could write another book much like this one, every year. Cyberspace is very big. There's a lot going on out there, far more than can be adequately covered by the tiny, though growing, cadre of network-literate reporters. I do wish I could do more work on this topic, because the various people of cyberspace are an element of our society that definitely requires sustained study and attention.
But there's only one of me, and I have a lot on my mind, and, like most science fiction writers, I have a lot more imagination than discipline. Having done my stint as an electronic-frontier reporter, my hat is off to those stalwart few who do it every day. I may return to this topic some day, but I have no real plans to do so. However, I didn't have any real plans to write "Hacker Crackdown," either. Things happen, nowadays. There are landslides in cyberspace. I'll just have to try and stay alert and on my feet.
The electronic landscape changes with astounding speed. We are living through the fastest technological transformation in human history. I was glad to have a chance to document cyberspace during one moment in its long mutation; a kind of strobe-flash of the maelstrom. This book is already out-of-date, though, and it will be quite obsolete in another five years. It seems a pity.
However, in about fifty years, I think this book might seem quite interesting. And in a hundred years, this book should seem mind-bogglingly archaic and bizarre, and will probably seem far weirder to an audience in 2092 than it ever seemed to the contemporary readership.
Keeping up in cyberspace requires a great deal of sustained attention. Personally, I keep tabs with the milieu by reading the invaluable electronic magazine Computer underground Digest (tk0jut2@mvs.cso.niu.edu with the subject header: SUB CuD and a message that says: SUB CuD your name your.full.internet@address). I also read Jack Rickard's bracingly iconoclastic *Boardwatch Magazine* for print news of the BBS and online community. And, needless to say, I read *Wired,* the first magazine of the 1990s that actually looks and acts like it really belongs in this decade. There are other ways to learn, of course, but these three outlets will guide your efforts very well.
When I myself want to publish something electronically, which I'm doing with increasing frequency, I generally put it on the gopher at Texas Internet Consulting, who are my, well, Texan Internet consultants (tic.com). This book can be found there. I think it is a worthwhile act to let this work go free.
From thence, one's bread floats out onto the dark waters of cyberspace, only to return someday, tenfold. And of course, thoroughly soggy, and riddled with an entire amazing ecosystem of bizarre and gnawingly hungry cybermarine life-forms. For this author at least, that's all that really counts.
Thanks for your attention *8-)
Bruce Sterling bruces@well.sf.ca.us New Years' Day 1994, Austin Texas
Copyright notice
Literary Freeware: Not for Commercial Use Copyright (c) 1992, 1994 Bruce Sterling - bruces@well.sf.ca.us. Permission is granted to make and distribute verbatim copies of this publication provided the copyright notice and this permission notice are preserved on all copies.